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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89367
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had a mediation meeting with ex. child, 15 yrs. old lived

Customer Question

I had a mediation meeting with ex. child, 15 yrs. old lived with me, but now she wants to live with father. We talked 3days with me, 4days with father. Is that mean, I automatically loose fisical custody? Also, he doesn't have to pay child support?
Submitted: 2 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 2 years ago.

Hello. My name is XXXXX XXXXX I will be happy to answer your question.

That is correct this would be 50/50 physical custody.

What is your income and what is the income of your ex?

Customer: replied 2 years ago.
I don't have income. His income about 200,000, not 100% sure. Are you saying father doesn't have to pay child suppot without going to court?
Expert:  Alex J. Esq. replied 2 years ago.
Did I state that?
Customer: replied 2 years ago.
I appreciate your answer but I'd like to work with new expert.
Expert:  Law Educator, Esq. replied 2 years ago.
Your previous expert opted out at your request. However, I must say you may misunderstand how child support works. A biological non-custodial parent is liable to pay support based on their monthly income and the child support guidelines. BUT, in the absence of a written agreement or a court order, they cannot be forced to pay any such support. Child support is due only when the child lives with a primary custodial parent, but if he has primary physical custody he owes you no support. Also, if custody is shared 50-50, he MAY owe you support if there is such a disparity in income that the court finds it fair in the interests of the child to make him pay, but that requires a court order.

In a typical 50-50 custody, no support is owed because each parent is expected to contribute to the support of the child equally. If he gets primary physical custody he has no obligation to pay you support because the law says you are only due support if you have the child living with you. Since he has the child 50-50, this is a case where if you prove significant disparity in income the court can deviate from the child support guidelines and award you some support, but it will not likely be the full amount because of the 50-50 custody.


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Customer: replied 2 years ago.
Thank you, XXXXX XXXXX court order, it said, he has to pay child support, primely residence is my house and have joint custody. I asked him to come to mediation because he won let her come home by showering her material things and money. Also, child said, don't want to come home. Because she is 15, if she doesn't want to come home, I'm not sure it make sence if I hire the lawyer and make petition for violation of stipulation.
Expert:  Law Educator, Esq. replied 2 years ago.
If she does not want to live with you, atXXXXXwill consider her wishes and as such if you go to court and she testifies she wants to live with him, chances are better than average the court will allow her to do so and will award him custody.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89367
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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