It sounds as though you two have had a amicable separation up until this point and I’m glad that you can do that.
1)Child support is based on salary and even with joint custody equal time if one parent makes more than the other will owe child support. the only time that child support would not be in the equation is if the parents make the same amount and have the child equal amount of time. It’s based on salary of each parent, the number of overnights with each parent and what each parent pays in insurance, daycare…
My husband and his ex share joint legal and physical custody with equal time and he still pays her $500 a month for two children. We are each responsible for things when the children are with us and equally responsible for medical/dental not covered, copays and clothing.
- The retirement fund is a decision that you will have to make for yourself. I can tell you that you share joint custody now and have since separation so that it’s unlikely he would get primary custody if he attempted to do so since there is no basis for this change. If you were moving away, had a change in lifestyle or began abuse or neglect then there would be cause to modify custody. As it is…even an attorney would tell him it’s unlikely that he would get primary custody.
If he makes considerably more than you do, it may not be a bad idea to file for child support. That could give you the help you need without going for his retirement fund and “stirring up” the situation. You would probably need to discuss this with him and let him know that you are going to do this. Let him know that your only other alternative would be the retirement fund with legally should have been divided as a marital asset to begin with.