Every state has it's own calculator and takes different factors under consideration, but primarily, the amount of time each parent has actual custody and their respective incomes are what determine the final amount and to whom it is paid. If your STBX wife will have your child 90% of the time, you may still pay her CS even though she makes more money than you. If the physical custody split is 50-50, she may very well pay you some amount of CS, and if you have the child 90% of the time, she will likely pay more CS.
While each state has guidelines for determing child support, they can be deviated from if both you and your ex agree. In a consultation with your lawyer, you should discuss the various financial scenarios that physical custody would produce. Any back-and-forth negotiations between the lawyers on behalf of you and your STBX wife would have this on the table for discussion.
If you reach an agreement, it is written up as part of the divorce settlement and presented to court as part of the petition.
If you don't reach an agreement, he will refer the case to Family Court unless he has the power to make those decisions. Again it varies from state to state.
Edited by NancyD (02/27/07 05:58 PM)