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Attorney & Mediator
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Category: Family Law
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If we have 50/50 custody and I (the wife) make more

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As a resident of Maryland, is there a dollar amount that both husband and wife should make in order to not be responsible for child support payments assuming shared custody (50/50) exists?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
No, there is no such dollar amount. In Maryland like all other states, each parent is responsible for paying child support. In some occasions having a 50/50 physical custody arrangement could result in no child support ONLY if the income of both parents is similar (there is no high wage earner). But even if the arrangements are 50/50 and income levels are the same, if one parent is considered the primary custodian of the child, the court can require the other parent to pay child support at the basic level depending on the income levels of both parents and especially the needs of the child.

Despite you being the high wage earner, does not mean that he would not be obligated to pay support. If you are considered the primary physical custodian of your children, then he will be obligated to pay some support base on his income level. If your ADD child is unable to take care of himself, it is possible that he would be paying support for the rest of this child's life and modification can be awarded when there is need for more financial assistance.

As to his spousal support. Spousal support is not an automatic award. In essence he would need to show that he cannot afford a living without your financial assistance. If he is working and can afford to live a decedent life, then most likely the court would not award him support. Of course this is something the judge would decide based on a case-by-case basis.

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