You are here

CS - Can BM ask for this if they have 50/50 custody?

Maximax's picture

Just wondering after reading some other threads...

SO has 50/50 custody. I think it's official from their divorce papers. Can BM ask for CS? And I read on another thread that it's retroactive?

Peridwen's picture

Depends on the state. In WI when there is joint placement, they use a shared income model. So right now DH has 55% placement time but still has to pay BM since his gross income is higher. He also has to pay for 55% of all non-CS expenses like childcare, activities, copays etc.

Rags's picture

Yes, she can ask. Sadly the idiots in the black robes swinging the stupid little Fisher-Price wooden hammer can and often do order CS in 50/50 situations in an attempt to socially engineer in order to flow money to the lower earning parent in the 50/50 situation.

If there was no prior CS ordered it is unlikely that a new CS order would be retroactive unless there is a compelling situation in play. It is unlikely but not beyond the bounds of possibility that there would be a retroactive award of CS. In our case my SS's SpermIdiot ran from the process server when we filed for a review of CS. Because he ducked and dodged for more than a year the court ordered a ~800% increase in CS and immediate direct payroll withholding of the new CS amount when the DipShitIot failed to show up for court. When the SpermIdiot came screaming back to court following the first paycheck with his higher CS withheld and he took home a ~$10.00 pay check the court did lower his CS to a level ~300% of the pre increase amount and ordered the ~800% level to be awarded retroactively to the date he ran from the process server and to extend for two years at which point the new amount would drop to the ~300% level.

My advice is to not be afraid to confront BM in court is she does get a CS hearing. Nail her ass to the wall. In my opinion it is better to have an agressive offensive plan and adjust as necessary as events unfold.

To get an understanding of how things will likely turn out look up your state's online CS calculator and run your best estimates of your DH's income vs BM's income. There should be a field for entering parenting time for each bioparent.

Good luck.

Twix's picture

We are in Canada. DH has 50/50 custody but still pays a ridiculous amount of CS. The court didn't even calculate her at minimum wage - her yearly income was around 8,000 and that's the number they used. The way they calculated it was how much she would pay if he had the kids full time subtracted from how much he would pay if she had the kids full time.

Needless to say she was pissed because she was trying to get the full amount and retroactive by like 6 years. She tried to say she was always too scared of him and his family to ask for CS in previous years (which is funny because she's a big bully).