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50/50 support? Really?

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jonny_b

Junior Member
What is the name of your state (only U.S. law)? Pa

Ok well here's my dillema. I just went through a custody only battle with the mother of my son. We came to a 50/50 agreement, with father seeing fathers day, mother on mothers day, split holidays, blah, blah.... well since income tax is coming around we had been talking about filing every other year. Now comes the problem. I was more than willing to file every other year, when i told her i am filing this year you can file next. I got are you going to give me a portion of it? Obviously that would not fit our arangement. So i got a domestic relations hearing notice friday. Now my question is, how can i have primary physical custody and have to pay her support? I make barely $1600 a month, she doesn't work and lives with her fiance who makes 2-3 times more than me at a minimal guestimate. Now i have read the equal standard of living arguement, which would make sense. But the fact that the standard is lower on my end, what are the odds that i have to pay her? I have read some pa laws online that state new spouses/live-in-lovers incomes are considered in some cases. Basically i feel that this whole case is ridiculous and is obviously out of spite since i wouldn't give her part of my claimed year. Please save the hatred for the support things because i already heard it, and would just like to get facts and only facts. With the holidays i am in a bind with no way to get a decent lawyer, and public defenders don't do much but sit there and look ugly. So any legal advice, or where to find pa laws or codes on this matter woud be very helpful. Thank you in advance, and i hope your holidays are better than mine.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Pa

Ok well here's my dillema. I just went through a custody only battle with the mother of my son. We came to a 50/50 agreement, with father seeing fathers day, mother on mothers day, split holidays, blah, blah.... well since income tax is coming around we had been talking about filing every other year. Now comes the problem. I was more than willing to file every other year, when i told her i am filing this year you can file next. I got are you going to give me a portion of it? Obviously that would not fit our arangement. So i got a domestic relations hearing notice friday. Now my question is, how can i have primary physical custody and have to pay her support? I make barely $1600 a month, she doesn't work and lives with her fiance who makes 2-3 times more than me at a minimal guestimate. Now i have read the equal standard of living arguement, which would make sense. But the fact that the standard is lower on my end, what are the odds that i have to pay her? I have read some pa laws online that state new spouses/live-in-lovers incomes are considered in some cases. Basically i feel that this whole case is ridiculous and is obviously out of spite since i wouldn't give her part of my claimed year. Please save the hatred for the support things because i already heard it, and would just like to get facts and only facts. With the holidays i am in a bind with no way to get a decent lawyer, and public defenders don't do much but sit there and look ugly. So any legal advice, or where to find pa laws or codes on this matter woud be very helpful. Thank you in advance, and i hope your holidays are better than mine.


In which cases?

The only time that usually happens is when the parent is deliberately and willfully either underemployed, hiding assets or other unusual circumstances.

It's not common; what's more common is that Mom is imputed a wage equal to what she's capable of earning.

Now, could you please clarify? First you mention 50/50 placement - but then you say you have primary. Which is it?
 

jonny_b

Junior Member
It is 50/50 custody with me having primary physical custody because she lives in a different school district. We live like 5 miles apart, but in different school districts. I was adviced to put that in our agreement to prevent any troubles with school, and was also under the impression it would prevent any kind of child support on my end. This is all court ordered, no gentlemens agreement.
 

Proserpina

Senior Member
It is 50/50 custody with me having primary physical custody because she lives in a different school district. We live like 5 miles apart, but in different school districts. I was adviced to put that in our agreement to prevent any troubles with school, and was also under the impression it would prevent any kind of child support on my end. This is all court ordered, no gentlemens agreement.


The CP can end up paying child support to the NCP, yes. That was an incorrect assumption on your part.

You might need to go and have a chat with one of those ugly public defenders you like so much, and you should request that Mom is imputed an income equal to at least minimum wage.
 
I am in a different state than you, but yes, it is very possible that you would be paying support even though you are the primary parent. My husband has a very similar arrangement with his ex: 50/50 placement and he is the primary parent for purposes of school district, etc. Because he makes more than Mom, he pays over $500/mo in child support.

As was mentioned, Mom can be imputed an income of minimum wage. It probably won't prevent CS altogether. Here is a child support calculator for your state.

https://www.humanservices.state.pa.us/csws/csws_controller.aspx?CTE6kpSmlTcI0kuE7jUTz6@6YcZgKPF@tZ11qF2dTYhRlkSS2Mmi81L0pROrhARqn56O7mY76QTPAtlt_Cc4xQ--AEJgmYe32s5PsD8PiK@oIDy@N03Y6UQkBjxWTt8yKL1N83Rtg@mo
 
Here in MA, if there is a 50/50 custody situation what they do is calculate the CS twice. First as if one parent had full custody then the other. The difference between the two amounts is then awarded to whichever has the lower income.
 

Proserpina

Senior Member
Here in MA, if there is a 50/50 custody situation what they do is calculate the CS twice. First as if one parent had full custody then the other. The difference between the two amounts is then awarded to whichever has the lower income.


Is that the rule in PA?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Pa

Ok well here's my dillema. I just went through a custody only battle with the mother of my son. We came to a 50/50 agreement, with father seeing fathers day, mother on mothers day, split holidays, blah, blah.... well since income tax is coming around we had been talking about filing every other year. Now comes the problem. I was more than willing to file every other year, when i told her i am filing this year you can file next. I got are you going to give me a portion of it? Obviously that would not fit our arangement. So i got a domestic relations hearing notice friday. Now my question is, how can i have primary physical custody and have to pay her support? I make barely $1600 a month, she doesn't work and lives with her fiance who makes 2-3 times more than me at a minimal guestimate. Now i have read the equal standard of living arguement, which would make sense. But the fact that the standard is lower on my end, what are the odds that i have to pay her? I have read some pa laws online that state new spouses/live-in-lovers incomes are considered in some cases. Basically i feel that this whole case is ridiculous and is obviously out of spite since i wouldn't give her part of my claimed year. Please save the hatred for the support things because i already heard it, and would just like to get facts and only facts. With the holidays i am in a bind with no way to get a decent lawyer, and public defenders don't do much but sit there and look ugly. So any legal advice, or where to find pa laws or codes on this matter woud be very helpful. Thank you in advance, and i hope your holidays are better than mine.
To add to all the other comments, her fiancee's income is irrelevant. Even if she's shacking up with Warren Buffett, his income is completely irrelevant when it comes to child support since he is not obligated to support your child.

I think you're misunderstanding the PA law on live-in paramours.
http://www.childsupportguidelines.com/articles/art199911.html
They may consider: "The income of a new spouse or paramour to the extent that it reduces living expenses and makes other income available for support."

If, for example, you (as the payor) were living with someone else and that reduced your living expenses, then it could increase your CS obligation. In your situation, it's unlikely to be relevant. They can impute a minimum wage income to Mom, but that's about all they're going to do.
 
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