If you file for a joint custody/uncontested divorce, does one party have to be ordered to pay child support?

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If you file for a joint custody/uncontested divorce, does one party have to be ordered to pay child support?

My husband has filed a petition for an uncontested divorce and in the petition states that we will share parent responsibilities however it still states that the child will have his primary address and I will be required to pay child support that we agree on. If this is so, will it be court mandated? We agreed to handle things between ourselves.

Asked on August 29, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Child support is generally determined by the state laws in which you live.  There are child support worksheets that courts use to simplify trying to decipher the statutes that apply.  Both incomes are used to determine child support and then percentages are given.  The party that is the custodial parents is thought to have more need for the money on a day to day basis to support the needs of the child.  Now, I think that a red flag has gone up here and you need to realize that you need a lawyer.  Even if you hire one just to review the agreement and let you know what your rights are under the law.  If you have signed the paperwork the court will "so order" it, meaning that it will be mandated if reasonable.  So get help.  NOW.  Good luck.


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