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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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my daughter and the father share legal and physical custody

Customer Question

my daughter and the father share legal and physical custody of their one child. he is unemployed and is trying to get support. they each have the child equal amounts of days each month. i provide all transportation between their residences, buy most of his clothes and care for him a lot. my daughter has always paid for his health insurance, daycare medical copays etc. this problem started when his girlfriend moved in and quit her job and then the father also stopped working. The child gets free school lunches and school supplies are provided by the school. I can't understand what he needs support for other than so he and his girlfriend can stay at home all day. Also,I have always taken him to his dentist and doctor visits.Is he eligible to receive support in pa
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.

Hi there:


child support is primarily determined based on each parent's time with the child and individual incomes. The idea is that the child should be able to enjoy the standard of living of each parent, regardless of which parent they are with at any given time; it is not about need, it is about quality of life for the child.


That said, if dad is not earning at his potential, there are two options: (a) the court can base child support of dad's potential earnings, or (b) the court can order dad to seek work (a violation is punishable by criminal contempt). If dad asks for support, mom would do well to ask for either or both of these options, and that would probably resolve any potential support obligation on her part.