Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!

What is your current parenting schedule in terms of overnights per week, and how much time does she actually spend with the children?

Thanks for sharing that. Could you let me know which state or country you’re in? Also, have there been any significant changes in your financial situation or hers since the separation?

Understood! So you're just wondering what it is you can do here, correct? Also, I really appreciate you using AskaLawyer — it means a lot to be able to help. Let’s make this a smooth session for you.

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.

The short answer? You can pursue child support, but it has to be done formally through the court system. Since there is no existing custody or support order, the court will first need to establish custody, parenting time, and child support based on state guidelines. Her recent unemployment may affect the amount calculated, but she is still responsible for contributing financially.

That’s the short answer.

Here is the long answer:
Right now, nothing is enforceable because your custody arrangement is informal and not court-ordered. To obtain child support, you would need to file in family court (or the equivalent in your state) for custody and support. The court will look at your parenting schedule, each parent’s income and earning capacity, and then apply the state child support guidelines to determine what she should pay. Even if she is not currently working, the court can impute income to her if it finds she is voluntarily unemployed or underemployed.

Here is what you can do legally, step by step:

1. File a petition in family court to establish custody and child support. This formally sets the parenting schedule and creates a binding support order.
2. Provide documentation of your parenting time (your 60/40 schedule), your income, and any proof of her unemployment or prior income.
3. The court will schedule a hearing where both of you can present information. The judge or child support agency will then apply the guidelines to calculate support.
4. If she refuses to pay after an order is entered, you can seek enforcement through wage garnishment, tax refund intercepts, or contempt proceedings.

As a bonus tip: To start the process, contact your local child support enforcement agency. Most states have a division of child support services or similar office that helps parents file for support and enforces orders. You can typically apply online or in person at the courthouse or county agency.

Does that help clarify things? I want to make sure I didn’t leave anything out.

To get started with filing for child support, you'll need to obtain the appropriate forms from your local family court or child support enforcement agency. I don't have a copy, but these forms are often available online on the court's website or you can pick them up in person at the courthouse. If you're unsure which forms you need, the court clerk can usually provide guidance. Once you have the forms, you'll fill them out with details about your custody arrangement and financial situation. If you need further assistance, I recommend reaching out to a local attorney who can guide you through the process.