HomeChild SupportIf a parent has the child 50% of the time, do they still have to pay child support?
Posted in Child Support on 31st January 2012

If a parent has the child 50% of the time, do they still have to pay child support?
The mother does not work because she is illegal so then does this require the father to pay more child support even though he (we) have the child 50% of the time( 1/2 the week) ? The little boy is 4 years old.
The father pays all insurance, school expense, doctors expense and takes on his fatherly responsibility.

The mother and father were never married, and she lied that she was on the pill. Brief relationship.

The mother just filed in court for “court ordered child support” and we are fighting her “full custody” request. The temporary court order support is $ 5000 per month plus we pay health, doctor and school. The problem I have is the unemployed, illegal mother spends the money at “expensive stores” for herself and shows up to drop off and pick up the little boy wearing Prada and Gucci and fur…..In the meantime my husband and I are working our butts off. What is going on in today’s world? Legal advise since I feel our attorney is just not doing anything.

Best answer(s):

Answer by Lori K
It depends on the financial ability of each parent. Personally, I’d suggest turning in the mother as an illegal to INS and taking full time custody of the child. Then you can pursue support payments from the mother when she returns to her country.

Answer by Carina M
#1 – Get a different attorney. And the laws vary state by state. You may want to check out attorney Jeffery Leving, he is in Chicago. He even worked on the Elian Gonzalez case. He is one of the premier father’s rights attorneys and may be able to refer you to someone locally. Personally, I say deport her ass but the law is weird sometimes and does not always follow common sense. Good Luck!

Answer by electablegod
Get a paternity test done immediately. Get a better attorney immediately.

Answer by aerostar64
5000 per month??? Is he a professional athlete? Geez!
It sounds like your attorney should be replaced. If mama can
afford prada and Gucci and if you have the child 50% of the
time, he shouldn’t have to pay anything. If she’s here illegally,
you can have her deported, that would be less expensive.
You need a good lawyer because judges usually favor the
mother. Mother should be presented in the worst possible
light and the father in the best possible light…thats a lawyer’s
job. Your son’s arrangement doesn’t sound good at all.

Answer by KMIDS
If you have her deported she can take the kid with her, ITS HER CHILD!…. However i would say have her expenses audited, the money (IDC HOW UNFAIR YOU THINK THE AMOUNT IS) should be going to the child. OH and YOU should not be paying for any of it, leave YOUR income out of that equation.

i think they should still be paying for 50 percent of the expences according to the financial availability of the parent. he is paying child support not alimony

Answer by quel
Hi, to my knowledge you should be paying much less since you have 50% ccustody. Request to open a court case, but BEFORE you do this write down every moment that you are with the child so that when you go to court you can prove your 50% custody. Important, write everything and all activities with the child. And you will have strong facts when you appear before the judge. God Bless you

Answer by jackson
$ 5000 plus paying all of the rest? So your other makes around 5.2 million a year with significant assets? Or he is behind on payments? Nobody pays $ 5000 plus all… even if he was just making 100k.

With 5000 a month outlay he would be able to work this all out in court. Lawyers could work it out. If she is illegal it would be an easy win. So what is the problem?

Answer by Consuelo M
yes most of the time if you are the one paying child support yes you still have to pay it even when the child is with the other parent.you might want to go back to court to see if you can get that changed.

Answer by Donna M
I’m just telling you from experience. It doesn’t matter if she’s working or not. Now, when he gets married, it possibly can fall onto the new wife also. This totally sucks, but you two are as one now. Now if she is in america and is illegal. The child was born in america. I would look to seek soul custody of the child and have her deported. Thats just my outlook. Now $ 5000 a month. My Gosh, I wish I was getting that. You can also file a petition to reduce support. Find a good attorney. If you two are paying this much, I’d find a ruthless attorney. Good Luck to ya. Oh, and you can also file a petition to have her prove how she is taking care of the child. In other words, she would have to cough up receipts for everything.

Answer by sarah d
Because she has full custody you will have to pay her support even if you had your child 50% of the time and this is based on your income verses hers and because she has no income she gets more money for being lazy!!! yes I say lazy because she can work cleaning houses like every other illegal does! I hope you never have to away on a long job or to the service because then the support will go up and you will have to pay even more.Yes the system sucks if you make alot of money you have to pay alot if you are lazy and only work 20 hour week you have to pay less this is not fair I think every one should have to pay the same and if you have your child half the time you should pay half. Another thing that sucks is that you have no say so about what she does with the money so I would document everthing she does daily and don’t let the child take the stuff you buy for the child to his mothers house let her buy the child clothes with the support she gets. And if you are not happy with your attorney go and get ANOTHER ONE!!

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