If an ex wife needs to pay alimony to a former husband, could she also request to the court that the husband has the kids most of the time ?
If she needs to take on the former husbandly duties (alimony and child support) should the husband therefore become the full time single father while the mother simply enjoys them on the weekends? That way she could at least be the "fun parent" instead?
- sunshine_melLv 71 month ago
She either has the children and financial support; or he has the children and she pays support.
Shared custody is also an option, with financial support dependent on how this is apportioned.
Alimony is entirely separate.
- FoofaLv 71 month ago
The child support is always apportioned based on the custody arrangement and how much time the child will spend with each parent. So if that arrangement has changed (informally) the couple needs to go back to make that change official and adjust the child support arrangement by court order. Alimony is something totally separate and has nothing to do with the kids or their child support. But in most cases either parent can cede custody time to the other parent, again going to court to make the adjustments legal (and potentially changing the amount of child support paid).
- Andrew SmithLv 71 month ago
The court is required to decide what is in the interests of the children. The wishes of the parents and of the children may be considered but there is more to it than that. Here there is a legal position that both parents are needed so frequently the arrangements are varied over time.For example one pair of friends Initially the mother had both children for a while, then the boy went to live with dad as he grew a bit older. Or another one where the parents lived reasonably close and the children went to one house or the other more or less at random.
So you can both ask for anything but unless you can demonstrate that it works in the interests of the children a court is in no way required to give it credence.
- choko_canyonLv 71 month ago
Either parent is allowed to give up primary custody rights to the other parent if that's what they want.