If neither my ex and I work and we have 50/50 custody, do I still have to pay child support?

Get Legal Help Today

 Secured with SHA-256 Encryption

If neither my ex and I work and we have 50/50 custody, do I still have to pay child support?

Due to a medical issue and hospitalization, I am processing disability. I have not been able to pay child support since July of last year. If I go to court with my ex-wife, will I be able to have the child support stopped? We have 50/50 custody and my current wife is more than willing to help pay joint expenses. However, we fell it is not right to have to pay joint expenses and child support. Also, if I am processing disability will the court work with me or will they shove me in jail?

Asked on July 29, 2012 under Family Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as you are under a court order to pay a certain amount per month for child support you are legally required to do so. Given the circunstances that you have written about, it sounds as though you need to file a petition with the court to modify the child support order against you based upon changed circumstances.

In order to get the petition filed, I suggest that you consult with a family law attorney to assist you in the process. Until the order in effect is changed, you are obligated to pay the monthly child support amount.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption