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Custodial parent paying child support to non-custodial?

Started by neutron11, Apr 18, 2012, 05:45:42 PM

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neutron11

Do you know of any cases where the custodial father has to pay child support to the non-custodial mother because she is a full time student and works only part time and the custodial father makes significantly more than her? Our lawyer put the fear in us with this possibility but I can't find any information on how the judge would deem to do such a thing. I understand not asking the non-custodial mother to pay child support, given the differences in salaries but to ask the Custodial parent to pay? in this scenario both of the would have joint custody and 50/50 parenting time.

ocean

Yes, it is so the child has "equal" living in both houses. It happens more when there is joint placement where child is at both houses near equally.
If they try that, get an end date in the order or how it will end (ex. mother works more than 30 hours, for one year to allow mother to get her degree). Also how will other expenses be split (school trips, activities, sports, school clothes). Think ahead, hard to change an order once you have one.

neutron11

thanks, good idea! mother is about to finish her degree or so she says (though she has been telling us that for quite a while now). She has already a bachelor's degree, an unfinished master's degree ( she spent more than five years on that one) and now she is trying to get a certificate on something completely unrelated because she  claims she couldn't find a job! My DH and I joke around saying that she is the eternal student. I honestly don't see her working full time but we'll see. It would be a nice surprise.

MixedBag

You know -- with the economy, I wouldn't be surprised.

OD's Best Friend graduated last fall and can't find a job in that career field either, so she's talking about going back, getting a certificate in XX and then trying again.

A few years ago, I'd agree with you.....but you gotta think that this might actually be true.

And yes, you have eternal students.

Bottom line is that the results are fair.  AND yes, when the state uses time in the formula, it can happen.