We are going through a situation right now with my husbands ex girlfriend who has a little girl by him. We have hired an attorney to hopefully be able to get joint physical and joint legal custody. If we obtain the two of these custodies will we have to pay child support to her? She has medicaid and all of the childs' medical bills and prescriptions are taken care of. She has been receiving child support for over a year. She has kept the little girl from us for almost 6months. :( So, now we are in the process of mediation, neither of them are unfit parents. She is going to school and he is self employeed with his father. She lives with her mother and grandmother, is receiving medicaid for herself and child, and financial aid for school. I have a very low income per month due to economy and it is all I kan do to get by and pay my own bills. :( We have been married for almost a year and I am going to school too. I donot receive any help from college and my son is the only one who has medicaid. We live with his parents because our income is too low to pay rent or other expenses. So what do we do?

If you are granted joint physical custody, it may adjust or eliminate the child support payments, depends on how the custody is worked out. A lot is going to depend on where you live and ACTUAL incomes.

Even with true 50/50 custody, usually one parent ends up paying a little in support anyway due to differences in incomes.

As long as they are living with her primarily and over 50% of the time you have to pay child support. All he can do is take them to court to enforce the court order for visitation since she is denying the visits and have an order in put in place for the support.

I really don't see you getting 50% or more of the time unless maybe you live close and in the same school district, then I even doubt it.

The children being on Medicaid is not the children having medical coverage which is usually supplied by the non-custodial parent.

Your idea that Medicaid is 'taking care of' the children is accurate but it isn't Medicaid's (the taxpayers) responsibility to provide medical coverage to the children.

I hope you are not fighting for joint legal & physical just to avoid paying support.

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Originally Posted by Justwantfair

The children being on Medicaid is not the children having medical coverage which is usually supplied by the non-custodial parent.

Your idea that Medicaid is 'taking care of' the children is accurate but it isn't Medicaid's (the taxpayers) responsibility to provide medical coverage to the children.

I hope you are not fighting for joint legal & physical just to avoid paying support.

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It is not that we want to stop the supprot. We are saying that if we get the child 50/50. And have just as much say so as her, then would the cost of support still be the same?

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Originally Posted by Justwantfair

The children being on Medicaid is not the children having medical coverage which is usually supplied by the non-custodial parent.

Your idea that Medicaid is 'taking care of' the children is accurate but it isn't Medicaid's (the taxpayers) responsibility to provide medical coverage to the children.

I hope you are not fighting for joint legal & physical just to avoid paying support.

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And it is only one child and we have medical/dental insurance on her! So no we aren't trying to get out of anything but she is playing the system and causing a lot of pity stress!

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Originally Posted by thisishard

It is not that we want to stop the supprot. we are saying that if we get the child 50/50. and have just as much say so as her, then would the cost of support still be the same?

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It would probably not be the same, but it also probably wouldn't be zero.

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Originally Posted by stevetcg

It would probably not be the same, but it also probably wouldnt be zero.

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Right, and I understand that. Its not that I want him to stop paying support. The girl is playing the system. She doesnot work, she is getting help in all areas. And we are sitting back struggling. We have always made sure the child support was paid on time. We buy her clothes, shoes, diapers, and gave the mama gas money when she brought her to us. She only lives 20minutes down the road though. Being that I am the stepmother, the wife, and now she has a little brother she has quit bringing her over.

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Originally Posted by thisishard

It is not that we want to stop the supprot. we are saying that if we get the child 50/50. and have just as much say so as her, then would the cost of support still be the same?

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In Illinois with a 50/50 split, (which is a difficult arrangement to manage) for one child it would 20% of his income, 20% of hers and the difference would be paid to the party earning the lower income. That is Illinois statute on child support in a joint custody agreement. If she is not earning income, child support will not be any different then if she were to have sole custody.

Joint Legal & Physical custody is great in an ideal situation where all parties are mature and are able to put the child's best interest ahead of their own. It involves equal time and equal say in all aspects of the child's life. It's based on an ideal that divorced parents can still work together for the benefit of their children.

If you can not work together well, then joint custody is not the best option.

I gather the child is very young at this point. Joint Physical Custody is doable. But once the child is of school age, unless you both live in the same district. Its almost impossible to do.