If my X-wife and I share custody of our 2 kids 50/50, Is if fair I should I have to pay child support?
If my X-spouse and I share custody of our 2 kids 50/50, Is if fair that the the my state require the non-ustodal parent to pay 1 week of pay or any child support to the other parent?
Just to add, I live in texas, and they take a straight 20% for one child, 25% for two and so on reguardless of how custody is split. Both of us make over 50k, the kids are not going without. How can anyone see this as far and equal treatment? I understand that it's about the kids but my kids are happy and one parent is taking advantage of the other.
- littlerascal711Lv 41 decade agoFavorite Answer
you SHOULD PAY WHEN SHE HAS THE KIDS AND SHE SHOULD PAY YOU WHEN YOU HAVE HE KIDS.
- Al BLv 71 decade ago
The amount that you make is taken into account usually so that if you are making $500 a month and she only make $100, they arrive at a figure so that both of you have money for the children for clothes and so on. If she was making more than you, it could very well work out that you would be the one getting the support. You can see an attorney to see if it can be lowered but that probably depends upon the state and a few other things as well.
- 1 decade ago
The laws need change. Join your area Father for Equal Right group. Before 1970 men took advantage of women rights. By sleeping around with other women and leaving there wives and children and not helping finacally. Created in 1970 the child support agency. Which is 40 year old now. This is big business now for the lawyers and the Child Support Agency. The family cout system laws have not changed since Child Support Agency was created. Laws needs to update with the new time in are society. Just as your chase milliond of men lose in marriage/ divorce. (marriage is a contract for a man to get screw anymore) Most women know this. Some will take advantage of this and some know the system is screwed up. I hope your wife will see it that way. If she agrees to a fair share. Have the judge sign off. Teach you son, show your friends laws need updated. Just as women want equal right in the business world. Men want equal right in the home and family.
- 1 decade ago
If it is truly 50/50, NO. But is it truly 50/50?
I am in the middle of an ugly divorce and my soon to be ex wants joint custody so he wont have to pay child support. He has lied about his income (he is self employed and does a lot of cash work and obviously can get away with it). He says his part of supporting the kids is feeding them when they are with him... and that is all the a____h_____ has done. He gave them $4 for school supplies (total, not each). LOL
50/50 is just that...time spent, money spent, etc..... hope it works for you. In my case, he gets them half the time, and only helps out financially about 10% total. But, I'm a firm believer in "What goes around comes around." And his due is coming, sooner or later, whether dished out by me or someone else. I'm going to "hide and watch". LOL
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- Anonymous1 decade ago
You said you share custody 50/50. I am assuming you mean physical custody. There are other things to factor in. Who buys the clothes, shoes, pays for medical insurance, co-pay on doctor bills and meds. Outside activities such as baseball and uniforms. And if in school,there's lunches, school supplies, field trips, after school activities. The list of extras with kids seem to be never ending and usually falls on one of the 2 parents to handle. Of course for all I know, you may be the sole provider for all these things and more. But either way, then my hats off to you. So many children suffer and do without while dad does nothing to help.
- crisLv 51 decade ago
I don't think that it is, but it still goes by income. Usually the parent that makes more has to pay the other something.
I know my brother in-law is getting screwed over by friend of the court, he is actually the custodial parent of his 10 yr old daughter. It is supposed to be 50/50, but it isn't. She see's her mother every day during the week and every other weekend. Her mom picks her up at 6:30am (when my sister leaves for work), and takes her to her house to put her on the school bus at 8am, and then she rides the bus home to her dads after school. Even though she is actually with my sister and her husband more then her mother, my brother in-law pays child support order by the court because he makes more then his ex-wife does.
- MHnurseCLv 61 decade ago
The law is not about fairness. Whomever put that idea into your head should have theirs examined.
Now that we have that cleared up.....
There are actual formulas that breakdown how much it costs to raise a child relative to where you live. Even though you share joint custody, the kids still live with her. That means she is paying the rent, buying the food, paying scout dues, providing lunch money, doctor visit copays, McDonalds meals in between sporting events/practices.....
Can you see what is happening here? That is why you pay support.
Even if you are doing the 1 week here, one week there gig, they are still gonna get you and there is no way around it unless you convince the kids that they should live with you. Then you can take her money!
- Barb OuthereLv 71 decade ago
That would depend on both your earning capacity. Say if she earns $20,000 and you $80,000 then they would work it out on the combined income $100,000 and the one with the larger amount contributes more towards the children's upkeep. So say the courts decide that 1/5 of your income supports the children. Her's would be $4,000, and yours would be $16,000. To be fair to the kids and not have one week of plenty and one week of less, they devide it over the two of you. So her $4,000 reduces yours by $4,000, (Equal custody) and the balance is devided in half so you contribute $4,000 towards those times the children are with your wife. Fair enough, if you have a greater capacity to pay.
Otherwise I can't see why you would have to pay more.
- 1 decade ago
If your incomes are equal, no, it isn't fair. There shouldn't need to be any money exchanging hands unless there is a huge outlay for one child that isn't a regular expense. That should still be shared.
But if her income is a lot less than yours, then by all means you should have to cough up more than she does. 50/50 doesn't only apply to expenses....it applies to what's left over, too. If she's having a hard time coming up with 50% of the expenses and it barely makes a dint in your pocketbook, ask yourself if that is fair.
- Ghostwriter1959Lv 41 decade ago
I'm not sure about your state, with my ex (first wife) we shared custody 50/50. During the time when my daughter was with me my ex (who made more then I) was ordered to pay me support through the court. When my daughter was with her, I had to pay even though I made less then her. I went back in and had it modified as I was paying for all my daughter's medical insurance, her schooling (as she went to a private school). I felt I shouldn't be made to pay child support to her. The court looked it over seeing what I was paying out and given the fact that she didn't may for any part of that, reversed the oder allowing me not to have to pay the C/S to her. However she did still have to pay me when my daughter came to stay with me.
- Geez LouiseLv 41 decade ago
Didn't they decide this in regards to what both your salaries are? I believe the child support amount is also based on how many days each month each parent has the children; including overnight. They are your children and you should be happy to care for them....your wife could have tried to receive alimony if she weren't working to care for the children, plus child support. Is it fair that the children are not being raised in a home that includes both parents being there???