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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My ex husband I have 50/50 custody and placement had have

Customer Question

My ex husband I have 50/50 custody and placement had have had it since our divorce in 2012. Our agreement at divorce time was a week with one parent and the next week with the other. We shared holidays, time off from school (example spring break, Christmas time off etc.) He had moved to a different town now and our. Hope is attending the school there. I was told by thee clerk of courts to fill out a form showing the changes. We both agree on the 50/50 placement and custody and no child support to either side still. I would take her mostly in summer and every weekend in winter and on off times from school. I need to make sure I have my 50% of the time with her and custody. My question is... is the new arrangement enough time (50%) to not have to pay support? And if not ... how do I word it in the new paperwork so I'm sure to get the 50/50 custody and placement? Also can they still award child support with the 50/50 placement and custody when the new paperwork is done?
Submitted: 10 months ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 10 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

So, the two factors that the court will take into consideration to determine whether to order child support or not will be the amount of overnights each parent has with the child and the difference in income between the parents.

In order to have true 50/50 timesharing, you must calculate the total number of overnight stays the minor child will have with you and make sure it is equal to 50% of the year. Therefore, you should have somewhere in the neighborhood of 180 overnight stays with the minor child throughout the course of the year. With this type of timesharing agreement (and it would also help if your ex is in agreement and not pushing for child support), then it is unlikely that the court will order you to pay child support. This is especially true if your incomes have not change significantly since the divorce in 2012.

It should be worded somewhere along the lines of "the timesharing obligations of each parent will remain divided 50/50 and there have been no other significant or substantial changes in circumstances to require an award of child support at this time. Furthermore, both parties are in agreement that neither party is requesting the Court to order child support payments at this time."

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

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