He has the kids most of the time, still have to pay her?

[jazzyjam]

What is the name of your state? OH
Question for a friend. He has the kids at home for the night, ready for school each morning and every other weekend. She picks them up from school and has them every other weekend. He picks the kids up at her house at 9pm after work. Will he have to pay her child support? Hasn't had his day in court and doesn't know how the law works. She has them approx. 6 hours a day and every other weekend.

 

[Content]

WTF??? I am hoping that he has filed for custody?? If not then he needs to if she only has the kids 6 hours a day and every other weekend that's making HER the NCP and him the CP, go to court and get it finalized. Then she might end up oweing him cs depending on the calculations, but he most definitely shouldn't have to pay her.

 

[LdiJ]

WTF??? I am hoping that he has filed for custody?? If not then he needs to if she only has the kids 6 hours a day and every other weekend that's making HER the NCP and him the CP, go to court and get it finalized. Then she might end up oweing him cs depending on the calculations, but he most definitely shouldn't have to pay her.

Actually, I disagree with that. This is a non-traditional type of setup because obviously neither one of them works traditional hours. Dad has them overnight, but mom clearly has signficantly more "awake time" with them during the week. She has 6 hours a day, and he has only the short time in the morning when he gets them ready for school. Obviously mom is the one who is dealing with homework, baths, dinner....basically doing the parenting during the week.

Its possible that a judge might see this as equivalent to 50/50 custody (in which case its likely that the parent with the higher income would pay some child support)...or its even possible that the judge would consider that mom has primary custody.

Therefore, I would urge dad to try to come to some sort of agreement with mom for joint custody....and some child support if dad has the higher income.

 

[Content]

And WHO has to provide the roof over their head for them to sleep? Who has to provide their beds etc??? This is not a case of mom doing all the work and providing everything.

 

[LdiJ]

And WHO has to provide the roof over their head for them to sleep? Who has to provide their beds etc??? This is not a case of mom doing all the work and providing everything.

Which is why a judge may very well see this as a 50/50 custody situation.
Obviously mom is doing most of the parenting, and dad is providing a roof over their heads.

 

[betterthanher]

Jazzyjam, I highly recommend that your friend retain an attorney for this.