Q: When I file for custody, am I required to file for child support as well?

A: A court will not enter an order for custody or parenting time unless there is also a plan to provide child support. There are a few work arounds.

1. If you don't want child support and you are asking for custody you can say that you don't want the court to award child support. I wouldn't do that as the law does require both parents to support the child. Also the court is required to either follow the child support guidelines or make specific findings why the court thinks it is ok not to follow the guidelines. So I don't know what reason you would have that would allow the court not to award support but it has to be more than the other parent agreed not to contest custody if you don't ask for child support. That is not a good reason. Don't be afraid to ask for child support that you truly need to raise your child.

2. If you and the other parent have an agreed amount of child support or a plan to support that child that amounts to support but isn't a payment, then you can certainly tell the court about it in your Petition. For example, suppose the other parent owns real estate and has agreed to let you live there with the child rent free in lieu of paying child support. That might work.

3. Calculating child support can be confusing and there is a free service with the District Attorney's office to help you establish support. You can put in your Petition that child support will be established by the District Attorney's office or that there is a support proceeding pending because you already filed. But if you haven't file for support to be established yet, I would to that before you file the Petition for custody or simultaneously.

4. If you already have child support ordered, you can mention the existing support order in your paperwork. Keep in mind that the child support formula is effected by the final parenting plan so even a current support order may need to be modified after the court determines the parenting plan. So I would say something like: I want the existing child support order (cite the case number for the support judgment) to continue but subject to this court modifying the support order as may be necessary under the support guidelines to conform with the final parenting plan issued in this case.

Remember that the court is not going to do your work for you. At some point you are going to have to prepare a child support calculation that reflects the custody/parenting time that the court orders or more likely that you and the other parent have agreed to after mediation about custody and parenting time.