help

[mrwipple]

What is the name of your state?Delaware
Ok, my ex is threatening to take me to court for child support. We have joint custody of my son and we both have him 50% of the time each month because we live really close to each other. In the mediation decree states that i pay his health insurance and dental insurance. In the decree, it does not state any child support because we decided against it. And no alimony was to be issued. He is primary placed at my residence because of school. Does she have grounds for child support?

 

[Gracie3787]

What is the name of your state?Delaware
Ok, my ex is threatening to take me to court for child support. We have joint custody of my son and we both have him 50% of the time each month because we live really close to each other. In the mediation decree states that i pay his health insurance and dental insurance. In the decree, it does not state any child support because we decided against it. And no alimony was to be issued. He is primary placed at my residence because of school. Does she have grounds for child support?

No. Unless she has a loss of HER OWN INCOME that has been involuntary, and beyond her control (illness, accident, etc.).

 

[mrwipple]

well, she claimed bankruptcy, she is a realtor and she seems to not pay her quarterly taxes and it catches up to her. Does she still have the right to file for child support

 

[Gracie3787]

well, she claimed bankruptcy, she is a realtor and she seems to not pay her quarterly taxes and it catches up to her. Does she still have the right to file for child support

To answer your question does she have the right to file for CS? Yes, everyone has the right to file for anything. There is a big difference in being able to file and being awarded CS.

Unless she can prove that her bankruptcy/ loss of income/inability to pay for basic expenses, etc. was caused by illness, accident, disaster or anything else that she had no control over she will be unable to get CS.

 

[mrwipple]

thank you

thanks for your help

 

[Inquiry123]

Bk

mrwipple:

I am not familiar with DE child support guidelines.

However, the BK may even have made her case for support worse -- she will have decreased her debt to income ratio. If you are the primary residential parent and you have joint custody, the argument could be made that she should be paying you CS.

One thing's for sure though...don't, don't, DON'T squeeze the Charmin.

 

[LdiJ]

If the responses given here were due to a familiarity with DE law...then they could be right.

HOWEVER...in a case of 50/50 parenting time its actually quite common that the parent with the higher income ends up paying some child support to the parent with the lower income, no matter who is designated primary for school purposes.

Its a "myth" that 50/50 parenting time means no child support. Therefore if dad's income is higher than mom's, dad could very well have to pay some child support if mom files for support. If mom's income is higher than dad's, then she could end up having to pay him support.