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frustratend · Jul 17, 2009, 06:17 AM

My ex wife and I have joint custody and we share out kids the same amount of time 50/50 now she wants child support, can she do this? She doesn't have a permanent residence (she lives with a boyfriend) I own my house and am remarried with another child. I do make more then her by 50% at least. WE share all expenses, she does have residential custody but only cause the kids went to her school, but in the past 2 years our kids have gone to my school in my neighborhood. Can she legally get child support? Please help me on this... Thanks in Advance!

stevetcg · Jul 17, 2009, 06:21 AM

Depends on the state. Some states consider the difference in income to be grounds for support, yes. Some states just consider the time with physical custody.

frustratend · Jul 17, 2009, 06:35 AM

We live in Illinois

stevetcg · Jul 17, 2009, 06:47 AM

Calculating a Child Support Obligation

It seems as though you would consider the support if you had to pay her and the support that she would have to pay you and you will owe the difference.

In other words, yes, it seems that she can go after support.

cdad · Jul 17, 2009, 02:55 PM

Remarried with another child? Is the child yours or was the child brought into the marriage ?

ScottGem · Jul 17, 2009, 04:59 PM

If you live far enough apart that there is a difference in school districts then a true 50-50 physical split is impractical. One parent probably has primary physical custody. And that parent may be entitled to support.

A judge is going to have to sort this out. I would suggest that you gather your proof of how much you have paid in supporting the child.

frustratend · Jul 18, 2009, 05:19 AM

Both I remarried and my new wife has a child and then we had a baby also

s_cianci · Jul 18, 2009, 05:26 AM

If your income is substantially higher than hers then she's entitled to child support from you. If she files a motion (to which you'll have to respond), be sure to make it known that you have a third child (the baby that you and your new wife had together), since you're obviously responsible for supporting that child as well.

cdad · Jul 18, 2009, 07:34 AM

Originally Posted by s_cianci

If your income is substantially higher than hers then she's entitled to child support from you. If she files a motion (to which you'll have to respond), be sure to make it known that you have a third child (the baby that you and your new wife had together), since you're obviously responsible for supporting that child as well.

Correction here. You need to let them know that there is a second child. I believe from what you have said your wife already had a child that she brought to the marriage so unless you have adopted that child then your " legal " obligation would be for 2 natural born children.

frustratend · Jul 18, 2009, 02:12 PM

Thank you very much for all the information! It helped a lot!