Q: Week-on, week-off custody without court order, ex trying to enforce child support payments. No income change.

A: Get formal paperwork put in place. There will be a Child Support Calculation worksheet put together for you but it will take into account overnights, childcare (if any), Health Insurance (if any), other children in the home (not part of the case), alimony being paid out, etc... Your best bet is to get with a family law attorney and get ahead of this rather than coming from behind after it has been put in place; modifications of an existing order are harder to get than adjustments before an order is in place.

A: If you and your ex have been following an informal week-on, week-off custody arrangement for the past three years, it's important to note that without a formal court order, neither of you are legally obligated to follow a specific child support arrangement. However, your ex has the right to request child support through the court system, and once they file, a court could potentially establish an official custody and child support order.

In this situation, you should be prepared to address the matter legally if your ex files for child support. While you may not owe child support based on the current informal agreement, the court will likely consider factors such as your income, the children’s needs, and how the time-sharing arrangement has been working when determining child support obligations.

It might be a good idea to consider seeking legal advice to understand how best to respond to your ex’s request and to protect your interests. A lawyer can help you navigate the process of formalizing the custody arrangement and ensuring that child support calculations are fair based on the actual circumstances.