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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34256
Experience:  16 yrs. of experience including family law.
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My wife and I have filed paperwork for divorce and it should

Resolved Question:

My wife and I have filed paperwork for divorce and it should be final in a couple of weeks. She has given full custody over to me of our 15 yr old son as long as I did not ask her for child support. Recently she said that she heard that since I make more money, I could still legally have to pay her child support even though she doesn't have custody of our son. (we live in Florida) Is this true?
Submitted: 8 years ago.
Category: Family Law
Expert:  P. Simmons replied 8 years ago.
Child support is separate and distinct from spousal support or alimony.

The purpose of child support is to ensure the child individual providing care for the child has the money to do so. The key question will be who has custody. You mention you will have full custody. If that is the case, it would not be typical for a court to award money (or support) to the non-custodial parent.

Now, if there was some form of shared custody...for example if you had custody during the school year and she were to get during the summer and your income greatly exceeded hers, in this case the court could award her some support...but this would be for the period of her custody.

But if you have 100% custody, there would not be grounds for her to request support

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
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