50-50 or shared custody with child support

[fajenr]

What is the name of your state? Iowa

Hello,

Currently I am paying child support for 2 children and my visitation schedule is every Wednesday and every other weekend. Also my ex-wife and I both live in the same school district.

My question is I am planning on trying to get 50-50 custody of my children. 10 visitation days a month just isn't enough! And they spend more time at their grandmothers house than they do at their mothers due to her constantly changing work schedule and wanting to go out on weekends. I found a really good schedule online that would evenly divide the days.

Dad: Monday and Tuesday
Mom: Wednesday and Thursday
Dad: 3day weekend

Mom: Monday and Tuesday
Dad: Wednesday and Thursday
Mom 3day weekend

so on and so on. . . . .

If this ends up working out will I still have to pay child support? I know I would probably still have to pay half of the kids' health insurance cost and half of co-pays, prescriptions, etc. etc. Is there any reason as to way a judge WOULDN'T allow this? Or do we need to go to court at all?

Oh, I know talking to my ex-wife about this matter won't work. She'd be vey upset to find out that her "fun money", (a.k.a child support money) might be stopping.

I know I probably left a bunch of stuff out but I was in a hurry to post this.

ANY help or suggestions would be greatly appreciated!

 

[NannyM]

yes there is a chance you will still have to pay child support, it goes by income as well as time spent at each house.

 

[fajenr]

But if the time spent at each house is equal. . . wouldn't it cancel out? I'm sorry, I don't know much of anything about this.

I learned today that a cousin of mine got a divorce and that they (his ex and himself) split custody and that neither pay child support. They live in Iowa also.

 

[NannyM]

no it does not cancel it out . My son has a 50/50 physical and legal custody arrangement with his ex and still pays child support. Yes it was court ordered because he makes more money than she does.

 

[fajenr]

But in my case my Ex-Wife makes more than I do.

 

[NannyM]

Then in a 50/50 physical and legal custody arrangement she may end up owing you child support.

 

[Silverplum]

NannyM, the very next words I want to see you type are:
"And here is a valid link to IA CS info to prove my point."
If you can't do that, then sit back, read, and learn. Quietly.

Don't just pop off with what you know about your son's case. Is his case even in IA? If so, then prove your point. If not, then you have sadly misled this poster.

*Edited to add a link for the poster:
http://www.judicial.state.ia.us/Self_Help/Family_Law/Child_Support/

 

[Perky]

I was all set to post this earlier, but Nanny beat me to it. Her answers made sense according to this info, but I'll let someone else, more knowledgeable than I, make that call. Here's the link (it's a pdf):

https://childsupport.dhs.state.ia.us/guidelines.asp

 

[NannyM]

Actually perroloco thats the link I had checked before I posted to the OP Thank You for posting it for me.

No Silver my sons case is not in IA, had I known I was allowed to post that link , I would have done so in my first response. Sorry if I misspoke, but I posted what I believed that link explained. And only used my sons case as an example.

<<<< sitting back, reading and learning.

 

[LdiJ]

NannyM, the very next words I want to see you type are:
"And here is a valid link to IA CS info to prove my point."
If you can't do that, then sit back, read, and learn. Quietly.

Don't just pop off with what you know about your son's case. Is his case even in IA? If so, then prove your point. If not, then you have sadly misled this poster.

*Edited to add a link for the poster:
http://www.judicial.state.ia.us/Self_Help/Family_Law/Child_Support/

Why, in this instance, would you respond like that?

NannyM may be a newbie, but she gave responses that many senior members would have also given. Any thread search would bear that out.

It is common, across the country, that in true 50/50 situations the parent with the higher income ends up paying some support to the parent with the lower income.

She said "yes there is a chance you will still have to pay child support" and then later said "Then in a 50/50 physical and legal custody arrangement she may end up owing you child support".

And she gave an anecdotal instance (her son's), as an example.

There was nothing in that thread that warranted your response She was legally accurate and did not talk in terms of absolutes. Just because she is a newbie doesn't automatically give you license to "diss" her answers....particularly when the are actually "on point".

 

[CJane]

Using the links provided, I don't see any evidence to support the idea that IA gives a credit for time spent with the children.

A court MAY deviate from guidelines in this case, but it's not a slam dunk like it is in some states (MO for example).

 

[Silverplum]

*checks paycheck...no, LdiJ does not sign it*

I don't care for people tossing unsubstantiated stuff around. How is the OP to know that NannyM, or anyone, is correct if they don't provide proof? And do notice, *I* provided proof of my statement. Ta-da.

I know you personally don't like to provide links. You live your life, I'll live mine.

Why, in this instance, would you respond like that?

NannyM may be a newbie, but she gave responses that many senior members would have also given. Any thread search would bear that out.

It is common, across the country, that in true 50/50 situations the parent with the higher income ends up paying some support to the parent with the lower income.

She said "yes there is a chance you will still have to pay child support" and then later said "Then in a 50/50 physical and legal custody arrangement she may end up owing you child support".

And she gave an anecdotal instance (her son's), as an example.

There was nothing in that thread that warranted your response She was legally accurate and did not talk in terms of absolutes. Just because she is a newbie doesn't automatically give you license to "diss" her answers....particularly when the are actually "on point".

 

[proud_parent]

https://childsupport.dhs.state.ia.us/includes/PDFfiles/ChildCareGuidelines.pdf

Note last paragraph of Page 3:
If the noncustodial parent's court-ordered visitation exceeds 127 days per year, the noncustodial parent shall receive a credit to the guideline amount of child support in accordance with the following table:
Days.....Credit
128-147.....15%
148-166.....20%
167 or more but less than equally shared physical care...25%

 

[fairisfair]

Why, in this instance, would you respond like that?

NannyM may be a newbie, but she gave responses that many senior members would have also given. Any thread search would bear that out.

It is common, across the country, that in true 50/50 situations the parent with the higher income ends up paying some support to the parent with the lower income.

She said "yes there is a chance you will still have to pay child support" and then later said "Then in a 50/50 physical and legal custody arrangement she may end up owing you child support".

And she gave an anecdotal instance (her son's), as an example.

There was nothing in that thread that warranted your response She was legally accurate and did not talk in terms of absolutes. Just because she is a newbie doesn't automatically give you license to "diss" her answers....particularly when the are actually "on point".

oh, Yipeeeedeee!!!!

We have a new moderator. I have several issues that I would like to discuss with you. And I will certainly be willing to direct all other posters to you as well.

I am assuming that is the new protocol???

 

[CJane]

https://childsupport.dhs.state.ia.us/includes/PDFfiles/ChildCareGuidelines.pdf

Note last paragraph of Page 3:
If the noncustodial parent's court-ordered visitation exceeds 127 days per year, the noncustodial parent shall receive a credit to the guideline amount of child support in accordance with the following table:
Days.....Credit
128-147.....15%
148-166.....20%
167 or more but less than equally shared physical care...25%

Well there ya go. That's why a cursory glance isn't always the best.