Joint custody and child support.

Douglas47150 - posted on 07/31/2013 ( 1 mom has responded )

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My sons father is filing for joint custody because he is six months behind on child support and I turned him in. If he gets joint custody does the child support order get dropped or does it stay enforced?

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A_m_b_hall - posted on 08/03/2013

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It will not wipe out his arrears. Those are for expenses you have already had for the care of your son.

In some cases, 50/50 still requires child support to one parent. It depends on the state. For example, in California, "If you make more money than the other parent, you may still have to pay some child support or share costs such as employment-related child care or uninsured medical costs. " (http://www.courts.ca.gov/1200.htm) And, in NY "if the parents have an absolute 50/50 split of physical custody with the child and there is no way to determine if someone has just over 50%, then the parent whose income is higher is determined to be the non-custodial parent and must pay the other parent child support. However, it is possible for parents to contractually agree to waive child support from each other." http://cordellcordell.com/resources/new-...

I suggest you call your state child support enforcement office to learn a) what they are doing to try to collect his arrers and b) what happens if joint custody is awarded.

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