If I file for joint custody, does my husband still have to pay child support?

my husband is currently living with a friend as a room mate and has no intention of renting a place where the children can have there own room. He takes them mondays and wednsdays and every other weekend. There permanent address is my residence. I bath them cloth them and get them to school every day. Since he moved out he has not provided for them at all. He has been moved out for two months now. I lost my job and my grandmother and mother and friends have been helping me; with things such as clothing, food, rent, car payment, hair cuts for the kids, etc. I want my children to have a good relationship with there father, but i also know its time for me to make sure i can take care of them financially. I got married to him when i was 19, been together since i was 17. I am 27 now. I have been dependent on him the whole time we have been together. I realize i have been nieve and have a lot to learn

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RCDragons27

Asked by RCDragons27 at 1:47 PM on Dec. 3, 2008 in Money & Work

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Answers (16)
  • my best friend's hubby and her have joint custody of HIS daughter.. but they stll have to pay childsupport although they have her the same amount. its ridiculous
    krazyash023

    Answer by krazyash023 at 1:49 PM on Dec. 3, 2008

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  • He needs to provide for his kids! Just because he see's them doesnt cut him out of the responsablitly... Make sure you get child support ordered from him ASAS!!!
    Anonymous

    Answer by Anonymous at 1:50 PM on Dec. 3, 2008

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  • No offense but he sounds like a real douche bag. My BF has joint custody and her ex pays child support. Just get a decent lawyer, and GL
    evilabbysmom

    Answer by evilabbysmom at 1:54 PM on Dec. 3, 2008

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  • Joint custody doesn't mean his financial obligation ends. If he doesn't have a place for them to stay, you could always just fight that... No wonder you are divorcing this selfish and irresponsible jerk. IMO this trend of shared parenting makes it harder on the kids being shuffled back and forth all the time. My parents separated when I was about 8, and dedicated time with Dad on the weekends was fine. When there is dedicated time and a smaller amount, it seems more likely the time will actually be spent on the relationship instead of just the kids being present. I wouldn't worry too much - the courts will likely do their job.
    figaro8895

    Answer by figaro8895 at 1:56 PM on Dec. 3, 2008

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  • thats not true he would still pay child support. especially if you are the primary parent. is he thinking that joint means you get 6 months and he gets 6 months this not the case? joint means you both have legal responsibility but a primary parent most likely you will be appointed and it is you who gets the child support. the amount of visitation determines how much he pays in child support and his gross income and your gross income. you can go online type child support calculator and figure out how much you would get. it's easy i did it for my daughter and i was pretty accurate. he will be ordered to pay back child support and also don't forget to ask for alimony for yourself. ask the max allowed and see how many yrs your entitled to that. have any other questions just pm me.
    melody77

    Answer by melody77 at 2:02 PM on Dec. 3, 2008

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  • My SIL and her ex had joint custody and he still had to pay too. I think I'd fight the joint custody thing because he doesn't even have a room for them to spend the night. I only have girls so I might feel different with sons, but I'm a bit paranoid so I wouldn't want my girls sleeping in the living room with a man other than family living in the house seeing them possibly with nightgown around their necks (my kids are active and their clothes are all but off by the time they wake up in the am). If he had them the same amount of time as you, I think there should be no child support but should be split responsibilities ( like basketball, cheerleading, clothes, school pictures etc). Maybe both of you put X amount of money in a savings for them a month and when it's needed for things it's there and you can both agree on how much to spend etc.
    lisa_ann_p

    Answer by lisa_ann_p at 2:03 PM on Dec. 3, 2008

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  • If you are the primary caregiver of the child(ren) he will have to pay child support.
    dawnjohnson5

    Answer by dawnjohnson5 at 2:08 PM on Dec. 3, 2008

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  • depends on the state. for ex. in ca (where i am) the parent that makes more money has to pay cs to the other parent in a 50/50 arrangment. cs here is determined by both the amount of money both parents make and the amount of time spent with the kids.
    PROGENITOR

    Answer by PROGENITOR at 2:10 PM on Dec. 3, 2008

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  • There are many different terms when it comes to this. You have primary custody, which means that the kids live with you. But you may have joint legal custody, which means that you both have the right to make decisions like medical stuff for the kids. In this case, he may have to pay child support. It all depends on what the judge says.
    feesharose

    Answer by feesharose at 2:32 PM on Dec. 3, 2008

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  • ask for spousal support as well as child support. Show your expenses and have your lawyer make him show his (showing that he has help paying his bills via room mate)
    admckenzie

    Answer by admckenzie at 2:32 PM on Dec. 3, 2008

    Credits: 49055 Level 31
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