Child Support And Fathers Rights

My ex and I have a two year old daughter together. We have been split up for one year, never married. During this one year separation, I have had the child about 70% of the time compared to her mothers' 30%. Her mother works one full time job, no school. I am currently unemployed. We exchange no money and only see each other when dropping off the baby. She is often a day early dropping her off and a day late when picking her up. I don't mind this at all, as it gives me more time with my daughter, however it makes having a set schedule rather difficult.

Additionally, her mother has claimed and kept 100% of the tax returns both years. This was about $4,000 the first year, and I don't know how much this year, as she wouldn't tell me.

We met today, for the first time in months, for lunch. I thought she genuinely wanted to just spend some time quality time together, but after about ten minutes she tells me she needs to put our daughter in daycare. She applied for state assistance, and was told she makes too much money. So, she called me to meet, and told me she needs me to pay half the daycare expenses she will incur. When I told her I felt this was completely unfair and here is why, she yanked up our daughter and told me she would see me in court.

We have never been to court before. After losing my job four months ago, I have moved in with my mother and am currently unemployed. This is only temporary, as I am pursuing making my life better for both myself and my daughter. The household is very stable here and my daughter even has her own room (remember I have her about 70% of the time).

So, here is my question. I know my ex is going to take me to court for child support. However, I honestly feel she is not interested in full-time custody, as proven by her track record. If she makes more money than I do, and I have the child more than half of the time, will I still be required to pay her support?

Obviously, I don't want my child to suffer, and I am more than willing to help in any way I can with her safety and security... I am just curious how this all works from a legal standpoint.

Comments for Child Support And Fathers Rights

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child support work sheet
by: Anonymous

Not sure what state you live in, but there should be a work sheet that you fill out. Since she make more than you, you probably won't have to pay much. You don't have a job, but some courts based on what your potential is. 10 - $12 an hour. You are probably looking at paying about $50 a week. Which is nothing when it comes to day care

If you are not working why don't you watch the child while she works? Since you have her 70% of the time anyway.

I'm not a lawyer, just my opinions.

Sue her for child support
by: Linda

If you can prove you have the child 70% of the time, you are already paying for childs shelter, food etc. I would counter sue for at least partial custody and ask for her to pay YOU child support. It is NOT uncommon.

Good luck!

Roll over
by: rung over the coals

She's gonna win. She's gonna get full custody and child support. Just take it like a man. Don't EVER let her come between you and your daughter. Take it from me, a man that paid child support to support my drug addict ex-wife while I kept my daughter safe at my home. It was a small price to pay to have her in my life and watch her grow in a beautiful, smart and intelligent young lady.

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