Divorce with 50/50 legal/physical child support?

[chrislibby88]

Gping through a divorce. We are trying to keep things fair and cheap, and keep lawyers put of it and just settle things like adults should. We already agreed on equal custody split with the kids, and we aren't fighting over the material posessions. Now, I make a alot more money than she does. I was pretty much the provider. She has a job, and we co-owned a side company that I'm going to let her keep (she runs it anyway, I just do the design work).

Now my question comes down to child support. Is it typical for the wealthier parent to pay child support to the less wealthy parent. Is it required by GA law even with evenly split custody? I don't mind paying it, and I would never allow my kids to do without, but I don't want to agree to more than nessicary.

 

[CostaRicaBound]

In GA, child support is now a cold calculation of income versus custodial time, unless you both agree to forego that formula and have an agreement that the court will approve. In my divorce, we settled on 50/50 custody and no child support either way, but I pay for my daughter's private education expenses (i'll be damned if she spends one day in a government school/cesspool...but I digress). In hindsight, I had a real advantage over her for at least primary custody, and now wishing I had gone that route.
It is a highly charged and emotional transition you're going through, I implore you to take your time and really think big decisions through, not only for improving your current situation but also considering how they will affect you and your kid(s) long term.

 

[LethalEdge]

You can find the calculation on-line, simply google it.

Equal custody is great, but one parent will typically need to be documented as the custodial parent. That typically means who has final say. I was able to get it written in the degree that I had final say in Education and Religion and she had final say in Medical and Extracurricular. As CostaRicaBound said, it is a highly charged and emotional time, don't assume anything.

The best of luck to you and your children, no matter how you cut it, it can be a painful process for all involved.

 

[chrislibby88]

Thanks for the reply guys.

 

[BanjoJohn]

This should be interesting.
Been there, and done that. I even got a T shirt.

In the long run a hit man would have been much cheaper.

 

[gh1950]

In GA, child support is now a cold calculation of income versus custodial time, unless you both agree to forego that formula and have an agreement that the court will approve. In my divorce, we settled on 50/50 custody and no child support either way, but I pay for my daughter's private education expenses (i'll be damned if she spends one day in a government school/cesspool...but I digress). In hindsight, I had a real advantage over her for at least primary custody, and now wishing I had gone that route.
It is a highly charged and emotional transition you're going through, I implore you to take your time and really think big decisions through, not only for improving your current situation but also considering how they will affect you and your kid(s) long term.

This for sure.

The judge will examine the child support calculation no matter what you agree, and then probably have a clerk run it through the calculator. Whatever the calculator says is what someone is going to pay.

Without extraordinary factors, (mostly a special needs child), the support obligation is straightforward.

You can try to fudge around some factors ,but there's not much leeway. See CostaRicaBound's post -- some families, private school might be a "necessity" others not so. Piano lessons, school band expenses and so on. There's also a "high income" cap, but there's also an "imputed income" cap.

Best to remember that the judge is not going to make the children suffer because the parents can't agree.

It's a free country, but given the net cost of what is at stake, getting a competent lawyer is money well spent.

Famous last words "we have every thing worked out" Yeah, maybe right now, but what about in a year when the kids need braces, or tutoring to get into Harvard,

 

[jamie1475]

There are two types of custody. Physical and legal custody. Joint legal custody will allow both of you equal say in what's best for the kids as far as major decisions. Physical is whoever has the kids over 50% of the time at which point the non custodial parent would pay child support within GA guidelines before a judge will sign off on the agreement. At least that's the way mine went anyway.

 

[fast306stang]

Always be prepared with a backup plan. She may be agreeable now, but the closer it gets to the end, it's very possible she will spring something on you and already have a lawyer. I'm not trying to stir up trouble, I've been there...

 

[D_Max]

Always be prepared with a backup plan. She may be agreeable now, but the closer it gets to the end, it's very possible she will spring something on you and already have a lawyer. I'm not trying to stir up trouble, I've been there...

What did you expect for cheating on me

 

[fast306stang]

What did you expect for cheating on me

So now EVERYONE knows you're the girl in our relationship...