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Ex wants 50/50 AND child support

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calibecca

Junior Member
What is the name of your state? California

My fiance and his ex divorced 3 years ago and he received full custody of their daughter. While the ex should have only every other week, they made a verbal agreement to have week on, week off custody. They also split child care costs. She had mentioned several times that she would like to get the court papers changed to show 50/50 custody and my fiance said that was fine. But when she filed, she put in a request for child support! Mind you this was in her 3rd month of unemployment, she lives with her mom and sister in a 3 bedroom condo, and racked up more debt after she passed previous debt to my fiance in the divorce. Can she really receive child support, much less 50/50 custody? She has mentioned that she can't financially care for her daughter, like sending her to daycare/preschool and when we suggested reverting back to the original court order, she filed the papers. We offer a stable home, where she has her own room(she's 5) but we aren't rich people, so paying child support would hurt us. Also, would my income have to be included since we are getting married? Any help is much appreciated!
 
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LdiJ

Senior Member
What is the name of your state? California

My fiance and his ex divorced 3 years ago and he received full custody of their daughter. While the ex should have only every other week, they made a verbal agreement to have week on, week off custody. They also split child care costs. She had mentioned several times that she would like to get the court papers changed to show 50/50 custody and my fiance said that was fine. But when she filed, she put in a request for child support! Mind you this was in her 3rd month of unemployment, she lives with her mom and sister in a 3 bedroom condo, and racked up more debt after she passed previous debt to my fiance in the divorce. Can she really receive child support, much less 50/50 custody? She has mentioned that she can't financially care for her daughter, like sending her to daycare/preschool and when we suggested reverting back to the original court order, she filed the papers. We offer a stable home, where she has her own room(she's 5) but we aren't rich people, so paying child support would hurt us. Also, would my income have to be included since we are getting married? Any help is much appreciated!

If they have been practising 50/50 for a significant amount of time, then yes, she can get 50/50.

If she gets 50/50, and your fiance has the higher income, then yes, its also possible that she would get some child support.
 

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