will i have to pay the full amount of cs?

[bn2323]

I am getting divorced and would like to know if I am going to have to pay the full amount of cs according to the guidelines. here is the situation my soon to ex and I both work she is a nurse and has the potential to make more money than I do. fortunately for her she has only had to work part time during our marriage. we have always worked different shifts so we never used a babysitter or day care. we intend to keep it that way so i will have the kids as much as she does. will the judge take that into consideration when determining the amout i will have to pay? i live in indiana by the way. we are in agreement on joint legal custody however she wants sole physical custody i disagree with this i feel we should have jpc. is that important or not worth fighting for? what difference will it make in the end? thanks in advance for any good input anyone has.

 

[lcollins]

The judge will usually take into account how much time the NCP has the children as well as CP's and NCP's income. It's never a guarantee that you will have to pay the maximum % allowed. I believe that in most cases judges tend to stay in the middle.

 

[qtpie]

This may be a dumb question but if you intend to have the children as much as SHE does, then why would she be insisting on SOLE physical custody? Something doesn't sound quite right here.

I'm in IN, and I actually know of a man who doesn't pay support at all because he and his ex-wife have the kids the same amount of time. Of course, they agreed to this before the documents ever went before a Judge. I don't suppose your soon-to-be ex would be willing to agree to something like that.

Also, I hope you are not using the same attorney as she is.

 

[lcollins]

Joint physical custody usually gives each parent 50% of time with children, if she gets sole physical custody, you'd see them every other weekend more likely. Which do you prefer? That also generally has a bearing on the amount of child support that you will pay. If you ask the judge for 50% of the time with the children, then it's usually looked upon that both parents contribute equally to the financial obligations of the children.