My wife and I our separated and she wants me to pay child support in addition to the expensive daycare costs I cover.
Do I need to pay child support and daycare before we file for divorce? Right now we have roughly equal amounts of time with our child.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.
First and foremost, if there is no order currently in place directing that you pay child support, then you are not in violation and have no obligation to pay child support. If you have shared physical custody with equal time, then there may not ultimately be a child support obligation at all.
This will depend largely on your income and your wife’s income. If you make considerably more than she does, there may be some support; if she makes considerably more than you, you may be in a position to seek support yourself.
As to daycare, this is often considered separately and in addition to child support. The courts often order each parent to pay their pro rata share of daycare, meaning the court will calculate the total income of you and your wife, determine who makes what percentage of the total amount, and order payment of daycare be split based upon those percentages.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.