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50/50 Custody or splitting kids & CS

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diz

Member
What is the name of your state? CA

Father has full physical custody now. Mother visitation. 70/30 split. Mother pays $58 per child (2) per month.

If one child goes to live with Mother and the other stays with Father will Father still have to pay child support? What if they agree on an amount will the courts abide by that amount? Households are about same in income but Mother won't marry 6 yr boyfriend so his income doesn't count.

What happens if both kids go to live with her and they share 50/50 custody? Father knows he'll have to pay child support but will it be reduced because of the 50/50 split instead of a 70/30 split?

Mother wants father to file with the court that she has custody and father is reluctant to do so for fear that he'll never get his kids back if they want to come back.
 


VeronicaGia

Senior Member
diz said:
What is the name of your state? CA

Father has full physical custody now. Mother visitation. 70/30 split. Mother pays $58 per child (2) per month.

If one child goes to live with Mother and the other stays with Father will Father still have to pay child support?

**You said the mother is paying. Is the mother paying or is the father paying?


What if they agree on an amount will the courts abide by that amount? Households are about same in income but Mother won't marry 6 yr boyfriend so his income doesn't count.

**A resource for child support guidelines: www.supportguidelines.com
Also, a subsequent spouses income is not taken into consideration unless there are extreme circumstances, and then very rarely.


What happens if both kids go to live with her and they share 50/50 custody? Father knows he'll have to pay child support but will it be reduced because of the 50/50 split instead of a 70/30 split?

**CA does give credit for visitation so it depends on the income of both parents and how much visitation there is. Go to the website I listed above and see how the numbers pan out.


Mother wants father to file with the court that she has custody and father is reluctant to do so for fear that he'll never get his kids back if they want to come back.
**Is this in the best interest of the kids? Why all the changes in custody and such?
 

diz

Member
Mother pays father because father has custody.

Why the change? The kids are 13 & 14 yr old & want to go. Mother wants 14 but not 13 yr old but doesn't want to say that outright. Best interest? Now maybe yes, long run probably not, but it's either let them go or have them run away.

Mother is a cronic lier & she turns a papercut into cutting off your finger & she twists what is said. 14 yr old has started doing the same.

Ultimately, dad is hoping that if they go that they will see that the grass is not greener. They have at times told us that dads house & neighborhood is safer but have seemed to forget those conversations.

If dad lets them go, they can be happy as clams and dad will have to hope that what he has taught them sticks. If they are not happy or whatever, then they can come home.

If dad does not let them go, they will continue getting more angry (with help from their mom's bashing) and probably end up running away or rebelling more.

Mom's older daughter is now over 18 and she is no longer getting CS from other father. When she lost that $ she really started fighting for the children. Is she just after the $??? Can't say for sure, but it's like her.

Dad is mainly worried that if he gives her physical custody then if something happens he won't be able to get them back.

She has just lied again about an hour ago. She told dad that she couldn't enroll the kids at school in her district without court ordered papers. Dad called school and the school said that she could.
 

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