Should I still file for child support even if I make more than my daughter’s father and we both have her 50/50?

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Should I still file for child support even if I make more than my daughter’s father and we both have her 50/50?

I do make more money than my ex but I am the main person who provides for my daughter. I feel that she should go to the babysitter full-time but need his help to pay for it. His living situation isn’t the best for her to be in, therefore I would like to file for full custody. I do not want to take her away from him, I would just like more control over her well being.

Asked on June 11, 2012 under Family Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though you and your former spouse have custody of your minor daughter on an equal basis, you can file a petition for child support even though you make more money than him. Whether the judge orders child support from your former spouse remains to be seen.

Rather than filing a motion for such, I suggest that you simply ask your former spouse for some additional monies to cover the baby sitting issue that you are writing about and see what happens.

As to seeking full physical custody of your child, you should consult with a family law attorney over such a desire and the pros and cons of filing such a petition and the attendant costs and chances of success.


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