Clearwater, FL asked in Child Custody, Child Support, Divorce and Family Law for Florida

Q: Will I have to pay child support if I agreed 50/50 joint custody with other parent on martial settlement?

I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or still ask me to pay child support since I make more and according to child support calculations worksheet. Also he filed petition to have his name add on his sons birth certificate. Would judge grant his request? Thank you in advance.

1 Lawyer Answer
Rand Scott Lieber
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  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other problems in the future. Speak with a local family lawyer for more specific advice.

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