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50/50 custody split?

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bugcountry

Junior Member
New York

First time posting, I do apologize if I'm not clear.

Ex-husband and myself have 2 children, ages 4 and 7. We have a custody order in place for 50/50 split custody, I have the children one week, my ex the following. No child support. Just a basic order.

My ex does not help with any medical/dental bills with our girls, both have medical issues- although not huge, they still need attending. Our older child needs a deep dental cleaning every 6 months due to excessive plaque build-up to prevent any issues as well.

I work full-time in the medical field, mostly 3rd shift, and pay for a babysitter to come to my home to watch the kids while they are sleeping, as well as another babysitter when I am at college to pursue a higher degree. Although he lives right up the street, he does not want to help with watching our children. He strictly sticks to the every-other week agreement, and I am fine with that, it's his choice.

My ex does not work, and hasn't for a very long time. He recently started asking for our childrens' social security cards, birth certificates, etc. so he could apply for food stamps and possibly cash assistance.

Questions:

1) Can social services pursue a child support order against me if he applies for help, even though the custody is split 50/50? I haven't given him their paperwork due to this, I'm afraid they will come after me.

3) Is there anything I could do, or put into court orders to prevent any actions against myself for his application to Social Services? Our order is short and vague, I wish to clarify.

2) Do you think it's possible that I could get an order for 50/50 medical/dental cost reimbursement from the court? He does not take the children to the Dr's at all, he does not refill prescriptions, this solely falls on my shoulder and has for a few years now.

I am thinking about filing to change a few things, but I wanted to see first if it's even worth pursuing. Thank you all in advance for your responses.
 


Zigner

Senior Member, Non-Attorney
You very likely will end up paying him child support. He is entitled to the documents he is requesting, but he can simply get copies himself.
 

bugcountry

Junior Member
Zigner,

Thank you for your quick response. A friend of mine has been pushing me to attempt to get a child support order against him, as she has the same custody split and the courts determined that her ex was responsible for helping.

Is that at all possible? Let's be honest, in the end, if anyone is due child support, it is me. I never pursued it because I was fine with our current situation, I provided almost all transportation, medical, clothing, I take care of my children. I want to maintain a decent relationship with my ex for our children, that is all I have ever striven for. I just can't afford to pay him child support on top of my own obligations, nor do I feel it's fair to penalize me.
 

Zigner

Senior Member, Non-Attorney
Zigner,

Thank you for your quick response. A friend of mine has been pushing me to attempt to get a child support order against him, as she has the same custody split and the courts determined that her ex was responsible for helping.

Is that at all possible? Let's be honest, in the end, if anyone is due child support, it is me. I never pursued it because I was fine with our current situation, I provided almost all transportation, medical, clothing, I take care of my children. I want to maintain a decent relationship with my ex for our children, that is all I have ever striven for. I just can't afford to pay him child support on top of my own obligations, nor do I feel it's fair to penalize me.
You earn more money than he does. The ex IS helping - he has the kids 50% of the time.
 

Antigone*

Senior Member
Zigner,

Thank you for your quick response. A friend of mine has been pushing me to attempt to get a child support order against him, as she has the same custody split and the courts determined that her ex was responsible for helping.

Is that at all possible? Let's be honest, in the end, if anyone is due child support, it is me. I never pursued it because I was fine with our current situation, I provided almost all transportation, medical, clothing, I take care of my children. I want to maintain a decent relationship with my ex for our children, that is all I have ever striven for. I just can't afford to pay him child support on top of my own obligations, nor do I feel it's fair to penalize me.
You can certainly go ahead and file but with your income and the current custody situation, you may very well end up paying him child support.

I do also have to add that you cannot blame him for not wanting to act as your babysitter while you are in school and sticking to the order. If you want dad to have more time with the children while you pursue a higher education, why don't you file to modify the order?
 

bugcountry

Junior Member
I do also have to add that you cannot blame him for not wanting to act as your babysitter while you are in school and sticking to the order. If you want dad to have more time with the children while you pursue a higher education, why don't you file to modify the order?

Sorry, Antigone, I didn't mean to imply that I wanted him to take the children more, I am actually quite fine with our current arrangement. I just wanted to convey that he doesn't take any more time with his children than what the order stipulates- complete 50/50. I also want to see about a ROFR added to our order.

If he were to place a child support order against me, could I also request we split medical/dental costs? Also, would the court take into consideration the 50/50 time split, and deviate from the NYS child support standards?

Thank you all for helping.
 

Ohiogal

Queen Bee
Sorry, Antigone, I didn't mean to imply that I wanted him to take the children more, I am actually quite fine with our current arrangement. I just wanted to convey that he doesn't take any more time with his children than what the order stipulates- complete 50/50. I also want to see about a ROFR added to our order.

If he were to place a child support order against me, could I also request we split medical/dental costs? Also, would the court take into consideration the 50/50 time split, and deviate from the NYS child support standards?

Thank you all for helping.
ROFR -- what do you think that will do? He can still say no. It doesn't mandate he watches the kids. You can request that you split the children's medical costs -- but if they get state medical there will not be any costs to split. And you can't force him to split costs before you file the motion.
 

bugcountry

Junior Member
ROFR -- what do you think that will do? He can still say no. It doesn't mandate he watches the kids. You can request that you split the children's medical costs -- but if they get state medical there will not be any costs to split. And you can't force him to split costs before you file the motion.
I'm sorry, I am not being clear again.

I would like ROFR for when he has the children; many times, he has a babysitter come in for longer than a few hours so he can go do things while he has them, which is fine, but I live right down the street as I've stated and I'm more than happy to have our children more often.

The children do not get state medical aid. I know I can't force him to split costs before filing the motion; that is why I am inquiring here as to my rights. Thank you.
 

bugcountry

Junior Member
You get 50% of the child's time. I would absolutely not dicker over ROFR.
Due to my employment and college, although I get my children 50% of the time, I do not get to see them that often. Just want to spend more time with them, that's all.

Thank you, will be closing the thread.
 
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