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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Hi - My wife and I are getting divorced and have a 20-month

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Hi - My wife and I are getting divorced and have a 20-month old daughter. We have agreed to a 50-50 custody split and are about to start the financial end of things. Currrently, I do make substantially more than she does -- she has been out of work for a year, has not looked for a job in that time (including the five months since I filed), and instead chose to go to school in another state (spending over $7000 just on commutation this year).

My lawyer informed me that, since I already pay for the daycare and the baby's health insurance on my own (that is about $1200 a month), and since it is 50-50, there may not be a child support order. I am okay with paying if there is such an order, because I do not want to deny my child anything. But given that my wife has deliberately underemployed herself, I am wondering what if any effect that might have on any decisions re: child support.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - As you probably know, child support is calculated on the respective incomes of the parties and even in 50/50 situations there is sometimes some child support ordered by the court. In a case like this the court will generally impute income to the party who is not working and that amount will be based on an estimate of her earning power if she were gainfully employed. So it will not just be your income that will go into the calculations and since you are already paying the daycare and insurance and will have 50% custody it is very likely there will be no support ordered but I can't tell you for certain exactly how the calculation will come out. So your lawyer may be correct that you will owe no support. I would assume he has the computer program that calculates the support from the state guidelines so that he can provide a reasonable estimate of the amount of support.
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