Who will have to pay ? And who has Primary custady ?

[goldengirlblue]

What is the name of your state? PA

Hi all
I have a custody agreement here could someone tell me who would have to pay for child support please.And who has Primary custody? all the order says we both have Physical and shared legal custody

Here is the order that just came out.
Father will have both children Mondays and Tuesday mother will have every Wednesday and Thursday overnights. parties will alternate every other weekend from Friday till Monday morning.
1 & 3 week father shall have one child Wednesday overnight and the other thursday overnight

I been trying to look it up but did not find anything on a order like this.
Thank you all for your help

 

[nextwife]

If there are comparable incomes, neither will pay CS if the parents share physical custody equally. They need to work out the health care issue, though.

 

[goldengirlblue]

If there are comparable incomes, neither will pay CS if the parents share physical custody equally. They need to work out the health care issue, though.

Thank you for your fast answer.
Health insurance is covered for both the children they are in his insurance now I have no problems putting them on mine.
He has a income of about 3000 a month and I have about 500 I work and I am a staying home mom.Will it still be no one pays?

 

[wondreing]

Even if you have shared custody, if you file for support based on the incomes you gave, your ex would probably still have to pay child support. You may not be required to provide double coverage for your children, but your ex would get a discount based on him providing their health insurance (if he has to pay the premium and not get it free through work). If you receive support then you would be responsible for the first $250 per kid for medical expenses as well as whatever your percentage works out to be for any amount over that per year. Your ex would also be eligible for a discount based on overnights as long as it works out to him having the kids at least 40% of the time. When my husband's ex filed for support, that automatically made her custodial parent although they each had joint legal and physical custody for years prior to her filing.

 

[nextwife]

Even if you have shared custody, if you file for support based on the incomes you gave, your ex would probably still have to pay child support. You may not be required to provide double coverage for your children, but your ex would get a discount based on him providing their health insurance (if he has to pay the premium and not get it free through work). If you receive support then you would be responsible for the first $250 per kid for medical expenses as well as whatever your percentage works out to be for any amount over that per year. Your ex would also be eligible for a discount based on overnights as long as it works out to him having the kids at least 40% of the time. When my husband's ex filed for support, that automatically made her custodial parent although they each had joint legal and physical custody for years prior to her filing.

The income she gave is based upon being voluntarilly UNDER employed. Dad has the right to ask the court to imput an income to mom based upon what she COULD be earning if she were not choosing to work a limited schedule.

 

[CJane]

What is the name of your state? PA

Hi all
I have a custody agreement here could someone tell me who would have to pay for child support please.And who has Primary custody? all the order says we both have Physical and shared legal custody

Here is the order that just came out.
Father will have both children Mondays and Tuesday mother will have every Wednesday and Thursday overnights. parties will alternate every other weekend from Friday till Monday morning.
1 & 3 week father shall have one child Wednesday overnight and the other thursday overnight

I been trying to look it up but did not find anything on a order like this.
Thank you all for your help

Ummmm... if dad has EVERY Monday and Tuesday, and then every other week has each kid one additional night... doesn't he actually have the kids more, making him primary?

It's possible my math is off but I'm thinking that in a 14 day period, dad has the kids 8 overnights.

 

[goldengirlblue]

Ummmm... if dad has EVERY Monday and Tuesday, and then every other week has each kid one additional night... doesn't he actually have the kids more, making him primary?

It's possible my math is off but I'm thinking that in a 14 day period, dad has the kids 8 overnights.

I have them every Wednesday and Thursday week 1 and 3 he has one child on Wednesday and the other Thursday
I think i am confused now i believe we have them 7 him 7 me

 

[CJane]

I have them every Wednesday and Thursday week 1 and 3 he has one child on Wednesday and the other Thursday
I think i am confused now i believe we have them 7 him 7 me

You have them both only on alternating Wed/Thurs right?

Lemme see if I can do this so it makes sense (the way I'm thinking of it)

Week #1
Mon - Dad (2 kids)
Tues - Dad (2 kids)
Wed - Mom (2 kids)
Thurs - Mom (2 kids)
Fri - Dad (2 kids)
Sat - Dad (2 kids)
Sun - Dad (2 kids)

Dad = 5 overnights w/ both kids
Mom = 2 overnights w/both kids

Week # 2
Mon - Dad (2 kids)
Tues - Dad (2 kids)
Wed - Dad (1 kid)
Thurs - Dad (1 kid)
Wed - Mom (1 kid)
Thurs - Mom (1 kid)
Fri - Mom (2 kids)
Sat - Mom (2 kids)
Sun - Mom (2 kids)

Dad = 3 overnights w/ both kids (counting Wed and Thurs as one night)
Mom = 4 overnights w/both kids (counting Wed and Thurs as one night)

So, in a 2 week period, Dad has 8 overnights to Mom's 6.

 

[goldengirlblue]

You have them both only on alternating Wed/Thurs right?

Lemme see if I can do this so it makes sense (the way I'm thinking of it)

Week #1
Mon - Dad (2 kids)
Tues - Dad (2 kids)
Wed - Mom (2 kids)
Thurs - Mom (2 kids)
Fri - Dad (2 kids)
Sat - Dad (2 kids)
Sun - Dad (2 kids)

Dad = 5 overnights w/ both kids
Mom = 2 overnights w/both kids

Week # 2
Mon - Dad (2 kids)
Tues - Dad (2 kids)
Wed - Dad (1 kid)
Thurs - Dad (1 kid)
Wed - Mom (1 kid)
Thurs - Mom (1 kid)
Fri - Mom (2 kids)
Sat - Mom (2 kids)
Sun - Mom (2 kids)

Dad = 3 overnights w/ both kids (counting Wed and Thurs as one night)
Mom = 4 overnights w/both kids (counting Wed and Thurs as one night)

So, in a 2 week period, Dad has 8 overnights to Mom's 6.

And that means no madder how long I have the children during the time he works as long as he has them overnight he has primary custody?

 

[ezmarelda]

not legal advice...just practical advice

golden~ may I suggest making multiple copies of a calander with who goes where when clearly marked for at least 12mo in advance so that there is less chance of there being confusion or argument over it all...your parenting plan seems to lend itself to confusion

 

[LdiJ]

And that means no madder how long I have the children during the time he works as long as he has them overnight he has primary custody?

Technically, yes, it looks like he has the kids more time than you do....at least in terms of overnights, which is generally what the court considers. If it stopped at him having Monday and Tuesday and you having Wednesday and Thursday it would be an even 50/50 split.

 

[stealth2]

Even if you have shared custody, if you file for support based on the incomes you gave, your ex would probably still have to pay child support. You may not be required to provide double coverage for your children, but your ex would get a discount based on him providing their health insurance (if he has to pay the premium and not get it free through work). If you receive support then you would be responsible for the first $250 per kid for medical expenses as well as whatever your percentage works out to be for any amount over that per year. Your ex would also be eligible for a discount based on overnights as long as it works out to him having the kids at least 40% of the time. When my husband's ex filed for support, that automatically made her custodial parent although they each had joint legal and physical custody for years prior to her filing.

Wow - who gave you the crystal ball?

 

[wondreing]

That's just the way it is figured in PA...don't need a crystal ball, only experience (and a domestic relations handbook is helpful).

 

[nextwife]

That's just the way it is figured in PA...don't need a crystal ball, only experience (and a domestic relations handbook is helpful).

Oh really? And if he has more overnights, how does the handbook determine that he must pay CS at all? And why did you ignore the fact that her lower income is partially due to choosing to work part time?

 

[wondreing]

If there is a large enough disparity of income, then he could be primary custodian and still have to pay some child support. It hasn't been determined that either is primary custodian, they have shared custody. She can be imputed a higher income as you mentioned, if that is just minimum wage it would still be much less than his income. Assuming her ex has an attorney or the knowledge to ask that a higher amount be imputed based on what her earning capacity is, then their incomes could be more equitable. I did say based on the incomes she provided he probably would have to pay. That part was not a given, but the medical and discount for overnights are spelled out directly in PA guidelines. And childcare costs would be considered if she needs to get another job, they too are shared by both parents.