Hi! I live in NY state and was wondering how child support works. I have ben separated from my husband for almost 3 years. We have not done the paper work for a legal separation or divorce. We both decided that we would share the kids I would say 50/50 I have a little bit more than he does. There primary address is with me. I was wondering if he would still have to pay child support, or does the court say because we have them each 50/50 he does not have to pay. He earns double of what I earn in one month? Can someone answer these questions for me?:confused:

It is possible he will have to pay you a slight amount. And could owe back if you don't get it all in writing.

After three years you are far past the time to get it all legal for both of your own protections

You do not have file for child support as part of your legal separation or divorce. Getting a divorce is separate.

Generally a custody/support/visitation agreement is part of the process but it doesn't have to be.