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if mom and dad agree to share custody of chid 50/50 can the courts force one to pay the other child support? - Michelle - 11-09-2012 07:30 PM
If your getting a divorce and the parents agree to share split custody 50/50. Can the courts step in and force one parent to pay child support to the other? this is not a messy divorce and both parties are in agreement of everything.
- TheOnlyBeldin - 11-09-2012 07:38 PM
Yes, if there is a significant difference in income.
- darin s - 11-09-2012 07:38 PM
The courts never step in and force anyone to pay child support unless it was asked for by one of the parents or unless one of the parents are getting food stamps or other aid from the state.
- brucec83 - 11-09-2012 07:38 PM
Your Marital Settlement Agreement will most likely prevail, but the judge does have the authority to set it aside if he considers it unfair or it will not be in the best interests of the child,
- Mutt - 11-09-2012 07:38 PM
Yes, they can. Each states calculates child support differently. Most use custody to figure it out, and some will also use both parents income. So if Dad makes more than Mom, even with 50/50 custody, he could still be required to pay child support.
If your parents are in agreement that child support is not needed, then the courts probably will honor that agreement.
They should consult a lawyer for more details. Even if they are in complete agreement, a lawyer can still help them make sure everything is done properly.
- George McCasland - 11-09-2012 07:38 PM
Even when fathers have primary custody, they get ordered to pay. More of them are ordered to pay then the total number of non-custodial mothers who do.
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