[kelbelhenderson]

If we go to court over this what are my chances of being granted Joint Legal Custody? He has a adopted child with an Ex who for the first few years of her life here in the US was that they agreed together to Joint Physical Custody, and he still paid her child support in the amount of 300.00 per month. When the child became school aged the child then remained with her mother and his child support increaced. Now we are facing divorce and he has stated that he would want to Joint Pysical Custody of our son. I have two children from my first marriage & I have Joint Legal Custody of them with a child support order & visitation and I this is what I want for our son. My husband's Ex makes very very very good money and he still paid her child support with JPC. I need the money to help us live. So what are my chances of getting JLC and/or if he gets JPC, him paying me child support?

[JudyKayTee]

Without knowing your State it's just guessing BUT all States are pretty much similar.

Is your concern getting custody of the children OR getting child support? If physical custody is half and half probably no one will pay anybody child support - why would they? You each have the child half of the time and have to provide food, clothing, a home.

Child support does exactly what it is called - it supports the child(ren), not the parent, but you state you need that money to help "us" live. If so, ask for spousal support.

I am somewhat concerned - and I'm being very up front - that your question contains a lot of questions about money/financial support and little about what is best for the children:

"... they agreed together to Joint Physical Custody, and he still paid her child support in the amount of 300.00 per month. When the child became school aged the child then remained with her mother and his child support increaced.. . I have Joint Legal Custody of them with a child support order & visitation and I this is what I want for our son. My husband's Ex makes very very very good money and he still paid her child support with JPC. I need the money to help us live. So what are my chances of getting JLC and/or if he gets JPC, him paying me child support?"

I hope I'm reading this wrong or interpreting it incorrectly.

[Fr_Chuck]

Most courts are granting and allowing joint physcial custody unless there is a reason not to. You have not given any reason he should not get it. And remember it is his child also, and he is not asking for primary custody ( he could do that also) what would you feel like then ?)

But you can not and should not budget your life based on child support, that can change, be held up or he can just refuse to pay for years.