My wife and I separated in September by her choice. No big issues, she just fell out of love and gave up. We have a separation agreement stating that I would pay no child support except to pay our daughter’s insurance. I have worked the night shift since our daughter was born to avoid the cost of daycare, therefore I am unable to keep her at night. I do however have her every day from about 6:30 am to 2:00 pm. I also have her every other weekend. Looking at calculators online, they go by how many nights you have the child.
Things have gotten ugly and I worry that she may try to get child support out of spite. She also has her mom, sister and new boyfriend in her ear.
She make about $2000 more than me per year so we are pretty close income wise. How likely would she be to get child support? I can barely make ends meet and she moved in with her boyfriend of 3 months so she has more money available. I don’t want to get stuck paying for her and her boyfriends good times while I am broke and unable to provide for my child.
Your situation would be one where a deviation from the typical child support guidelines would be appropriate. If your ex sues you for child support you will need to respond with an answer and counterclaim which states your intention to deviate from the child support guidelines.
In a deviation case the judge takes into account the actual expenses of each parent and the particular circumstances surrounding things like child care, ect.