Legal Question in Family Law in Kentucky
child support
My exwife & I have joint custody of our 15 & 12 year old children(50%/50% on paper). They stay 1 week with me & one with her. However, since I'm a school teacher I bring them home from school every day, get them to practices (she'll pick up on her weeks) & about 1/2 the time on her weeks I feed them. In the summers I have them during the days on her weeks as well. She is a physician & makes over $300K net, I net $45K & pay the insurance (about $300 a month). She pays me a meger $650/month (KY formula indicates it should be about $2000/month, I wanted to make sure I had the kids when she wasn't home (she was ok with them staying by themselves any time she wasn't home.
Anyway, my question is: since she pays me child support, do I have to pay for everything? She says since I get CS I have to buy all the cloths, pay for all the lunches, haircuts, shoes, etc. I was of the understanding that since we had them 50:50, we split the cost of these type items 50:50. If I have to pay for everything, I need to take her back to court because $650 doesn't even cover the monthly cost of health insurance & food, much less any of the cost of running them to practices & games, cloths, summer camps, school lunches, etc.
1 Answer from Attorneys
Re: child support
It appears to me that the original agreement was for reduced child support in consideration that each parent had the children 50% of the time. This means the court counted on each parent paying for their fair share of expenses over and above the reduced child support. If your ex-spouse continues to be unreasonable, file a motion for modification of child support and go for the full amount.
Of course, you can expect that your ex will counter with a motion to modify custody. These really should be considered as separate issues by the judge, but it can get messy.