Q: What constitutes 50/50 custody in MA? My ex has our kids 8/14 days and I have them 6/14 days. Is that considered 50/50?
This is in regards to child support calculations. Our agreement currently states that we are to have joint legal and physical custody. Last year we modified the parenting time schedule and now my ex states that since he has them 8/14 days, he is the Custodial parent and I should be paying him child support. My lawyer tells me that it should still be considered 50/50 but his lawyer insists it's no longer joint physical custody. My ex wants to settle out of court to have neither of us responsible for child support but I believe that our 57/43 split is still considered "50/50". Please advise.
A: There are new child support guidelines in place, so I suggest that you exchange Financial Statements and run them to ascertain whether your ex is trying to avoid paying the correct support level. Income differential figures into the equation, so it is not a given that there would be no child support in a shared physical custodial arrangement.
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