Kennesaw, GA asked in Child Custody, Child Support and Family Law for Georgia

Q: Is child support still warranted if there is joint physical custody with a 60/40 split? If so, who pays?

My ex husband and I have had joint custody of my daughter since we divorced 7 years ago. However, I have had primary custody of her legally. My daughter has expressed interest in living with her dad during the week, which is fine, as long as I still have my time with her. I have always had her during the week and he has always had her on the weekends and paid me very little child support. Now we are going back to court because he wants her even more than what he had her and wants me to pay child support. He filed a petition in the court and served me with papers. I didn’t even know he was doing that. I’m asking for a 60/40 split with me having the 40% since my daughter wants to be there more. I have no job because I’m a stay at home mom to a 1 year old. He makes a little over 8k a month. Will I owe him child support? I have tried to be very reasonable with him and allowed him to have her every weekend and now he is trying to take advantage of me. I just don’t see how I can pay him.

1 Lawyer Answer
Joseph E. Cheeley, III
Joseph E. Cheeley, III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Buford, GA
  • Licensed in Georgia

A: Child support will be recalculated based on income and other factors. I can't say whether you will or will not owe child support.

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