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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My question is this I have Joint/shared custody of my children

Resolved Question:

My question is this: I have Joint/shared custody of my children and I live in Pa. They attend the school district that I live in, so Im assuming I am the custodial parent if there is one in joint /shared custody. I currently have them every Wed.-Fri. and every other sat. As well as before and after school for both children(afternoon for approx. 1.5 hours for my son) Im trying to figure out why I have to pay child support when I have my kids as much every month as my ex does if not more...
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question. I am a Pennsylvania licensed expert.

May I ask who is the higher earner of the two--do you make more money than your ex or does she make more? In terms of when you have the children, is that per your custodial decree or order, or do you have them a greater share of the time than the order specifies?
Customer: replied 5 years ago.
I make the higher income. In my divorce order, Im to have my kids every Wed.-Fri. and every other Sat.( bisically 1 full week every 2 weeks). I have my sdaughter in the morning for 2 hours and my son for 1.5 hours after school.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

PA law pertaining to custody and support is based on two factors primarily. First is the percentage of custody or the share of the custodial order. The second is relative income. Since you are the higher earner, even in a pure 50/50 split of custody, you would still be likely required to pay a small portion towards the other parent for their custodial share. Without reviewing specifics of the order I cannot tell you if you are over-paying or not, but you ARE supposed to be paying towards support. The only way of possibly negating payment is to take the other parent to court with the intent of shifting more custody in your direction, and in the process remove your obligation to pay support.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2011 at 7:44 AM EST
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