Legal Question in Family Law in Massachusetts

shared custody and amount of child support

My wife and I will be going to court for child custody soon. Before that she wants support for our 2 yr old. I have no problem with that. I will have my son 2 nights a week over night, and every other weekend friday 5pm to Sun 9pm. We agreed on this. My question is, will I be paying the full amount of child support for him even if we have shared custondy that we agree on? I will have him 25% of the hours in a month. We have not gone that far so I have not brought in a lawyer yet.

She wants me to give her X amount now until we goto court and the judge rules a given amount...

Thanks


Asked on 11/18/06, 12:43 pm

2 Answers from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: shared custody and amount of child support

There is two aspects: Joint physical and joint legal custody. What you laid out seems to be more like visitation and your wife will most likely be entitled to the guidelines and other considerations will also apply: if you are covering the health insurance for the family you will get 50% credit. Both income will be taken into account. However, the custodial parents income of over 20,000 is taken into account. For example, if they make 30,000 per year only 10,000 is considered to offset your child support obligation. There are other off-setts such as, if you pay for daycare, etc.

You can try and calculate your obligation to child support online, but in order to get a more accurate calculation, you may want to atleast consult with a family law attorney.

Good luck! Sincerely, Maria Murber

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Answered on 11/19/06, 6:24 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: shared custody and amount of child support

To reach your goal you need the court order to state that it is shared physical custody, not only shared legal custody. Then you are a step closed to reducing or eliminating child support. You can go on the DOR web site and calculate your potential child support before you agree to anything.

If you have any questions, contact me.

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Answered on 11/18/06, 2:36 pm


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