I was living with my daughter father for 7 years and we just recently separated two years ago. Prior to our seperation I helped him raise his now 8 year old daughter which he has custody of. Now that we are seperated I asked him for child support for our 5 Year Old daughter. He has refused to give me any support because he believes that we have a joint custody agreement since i have allowed our daughter to be with him from Wednesday to Monday every other week. The reason I agreed to this visitation is because I thought it would help with the transition of us living in separate homes and she would still be able to spend time with her step sister.

In turn he has now filed for Joint Phyical Custody of our daughter to keep from giving me any support. I'm not sure what the New York Laws are.

Please advise.

I was living with my daughter father for 7 years and we just recently separated two years ago. Prior to our seperation I helped him raise his now 8 year old daughter which he has custody of. Now that we are seperated I asked him for child support for our 5 Year Old daughter. He has refused to give me any support because he believes that we have a joint custody agreement since i have allowed our daughter to be with him from Wednesday to Monday every other week. The reason I agreed to this visitation is because I thought it would help with the transition of us living in separate homes and she would still be able to spend time with her step sister.

In turn he has now filed for Joint Phyical Custody of our daughter to keep from giving me any support. I'm not sure what the New York Laws are.

Please advise.

Are there any court orders now for custody or CS?

Is CS mentioned in the petition the father has filed?
If not, you can file a counter-petition asking for CS. Any CS ordered will be set using the state's CS guidelines. You can Google for the guidelines and other info, or go to www.supportguidelines.com.

Thnks for replying xena.

I'm sorry Xena. I neglected to mention that I filed for Child support in August of 2007. For the first court appearance he did not show because he then filed a Joint Physical Custody case against me. He does not want to give me support for our daughter at all.

When I went for my first cs hearing last friday the magistrate postponed by cs order because she fells that we have split custody and we do not. So she is waiting for the custody hearing to let us know what the support will be. She is trying to say that if he has my daughter half of the time and I have her half of the time she will have to offset my CS. I don't know who true that is.

Thnks for replying xena.

I'm sorry Xena. I neglected to mention that I filed for Child support in August of 2007. For the first court appearance he did not show because he then filed a Joint Physical Custody case against me. He does not want to give me support for our daughter at all.

When I went for my first cs hearing last friday the magistrate postponed by cs order because she fells that we have split custody and we do not. So she is waiting for the custody hearing to let us know what the support will be. She is trying to say that if he has my daughter half of the time and I have her half of the time she will have to offset my CS. I don't know who true that is.

Do you and your ex have pretty much equal incomes?

If so, and the custody turns out to be 50/50 joint, it's possible that no CS could be ordered. Normally in a 50/50 situation if one parent has a much larger income than the other, CS will be ordered, but if the incomes are about even then each parent is expected to cover the expenses for thier own parenting time.

When custody is set, if CS is ordered you can ask that it be retroactive back to the filing date.