I was divorced seven years ago. Our decree is shared custody (50-50 time) with no child support since each of us made about the same money. We have one child still living at home. She has moved in with me and rarely sees her father anymore. There are no overnights with him at all. He does not provide anything but health insurance. He will not provide anything else. He even refuses to take her to the dentist. She will soon be 17 years old but plans to attend college in Indiana where we live. I make more money than he does--about 20% more. Would it even be worth taking him to court? If so, do we have to transfer custody over to me (mother) totally before he would be ordered to pay support or could I obtain an order for support without first obtaining total custody. Any advice would be appreciated. I do not want to pay a ton of money in legal fees to do all this. He does not make that much money and does not even work a 40-hour work week. It is more about doing what is right for his child. Thank you.

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Originally Posted by seabreeze

I was divorced seven years ago. Our decree is shared custody (50-50 time) with no child support since each of us made about the same money. We have one child still living at home. She has moved in with me and rarely sees her father anymore. There are no overnights with him at all. He does not provide anything but health insurance. He will not provide anything else. He even refuses to take her to the dentist. She will soon be 17 years old but plans to attend college in Indiana where we live. I make more money than he does--about 20% more. Would it even be worth taking him to court? If so, do we have to transfer custody over to me (mother) totally before he would be ordered to pay support or could I obtain an order for support without first obtaining total custody. Any advice would be appreciated. I do not want to pay a ton of money in legal fees to do all this. He does not make that much money and does not even work a 40-hour work week. It is more about doing what is right for his child. Thank you.

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You would petition for support, the Court would evaluate both of your circumstances and make a determination -

There is no way to know what the Court will decide.

No, you don't need sole custody to be awarded support.

Family Court is pretty user friendly - but if he comes armed with an Attorney I would do the same.

(You also cannot force him to work more than he has been working - if he consistently works part time and the child is 17, the Court is not going to order him to find full-time employment.)