Q: Does he really have to pay support even if the child is with us most of the time?
My husband's ex filed for more child support and the court based the payment on my husband's pay the previous year (he has since been promoted and makes less on salary without overtime). We have my step-daughter the majority of the time and they still awarded the highest payment possible without verifying the mother's claim of child's residence. Do we have any hope in fighting it?
A: More specific facts are required to provide a thorough answer. However, in general it is possible for a parent to pay the other parent child support when the paying parent has the child a substantial portion of the time based on the income of each parent. If the court ordered guideline child support, the court is required to consider the timeshare of both parents. If the court printed out a Dissomaster sheet, it should state the timeshare. There could be hope in fighting the case, but consult with a family law attorney. If there was no attorney in court when the orders were made, at least consider hiring a limited scope attorney to be in court with him to see if the process can be made a little smoother or at least explain in greater detail what is going on. The attorney can be a voice and make arguments if it seems the court is doing something improper.
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