Family Law Questions? Ask a Family Lawyer Online.
I certainly understand the situation and your concern. Child support is based upon the needs of the child. If those needs are being met and your Ex can afford to care for the child when they have him the 40% of the time, since you have the child the majority of the time, then you would not need to pay support. If you file for divorce, you can agree that neither parent will pay support and the parent who has the child at the time, will be responsible for any costs incurred then. Other issue do need to be addressed in the decree, such as who will pay for health insurance, medical bills, etc and custody needs to be ordered as well but if the both of you can mediate and work this out, it should not be an issue if the divorce is uncontested.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!