QUESTION
If both parents agree on taking both kids for six months each, does anyone have to pay child support?
Asked on Oct 28th, 2012 on Child Custody - Indiana
15 ANSWERS
Michael Paul Vollandt
Depends. In California child support is by a guideline which factors the earnings of reach parent and the parenting time. If you are a high earning and the other parent is a low wage earning you could have to pay some child support.
Answered on Nov 05th, 2012 at 2:48 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Equal time does not necessarily mean no child support. It depends on who's paying for what for the children and how much difference there is in the parents incomes.
Answered on Nov 02nd, 2012 at 7:49 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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Deoends on income and other expenses. Splitting kids like that is pretty screwy anyway. Consult a family law attorney on how best to proceed
Answered on Oct 31st, 2012 at 5:00 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is not possible to answer that question with much more information about each parent's income. Both parents are financially liable for the child's entire financial needs and in most states it is very possible that the parent with the higher income will pay child support to the other parent even when the child spends an equal amount of time in each home. Financial needs extend to much more than food and shelter and child support laws deal with that reality.
Answered on Oct 31st, 2012 at 4:59 PM
If it is truly joint residential, then no one pays b/c neither parent has residential custody, solely, but it shared jointly and equally.
Answered on Oct 31st, 2012 at 4:58 PM
An award of equal physical custody does not preclude an award of child support. Usually the parent with the higher income will pay support to the parent with the lesser income.
Answered on Oct 31st, 2012 at 5:08 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The payment of child support depends upon the financial circumstances of the parties. Unless we know that, we cannot say. But if the parties make roughly the same income, no child support should be ordered.
Answered on Oct 31st, 2012 at 4:40 AM
This depends upon the income level of each parent. If one parent earns substantially more than the other parent then it is highly likely that the parent who earns more money will be ordered to pay some child support in a 50-50 physical split situation. However, every case is different and that is why you need to retain a lawyer to review your individual situation.
Answered on Oct 31st, 2012 at 12:55 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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In Michigan, if the Friend of the Court makes the determination, they will calculate how much each parent is supposed to pay under the guidelines and the difference will go to the poorer spouse. You can, however, stipulate yourselves to no present support, if there is no public assistance involved. Hire a family attorney to prepare your stipulation and order and enter it with the court. The fee for this should be relatively small.
Answered on Oct 31st, 2012 at 12:51 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Child support is based on the income of both parties. It is possible by agreement or by order that no support is ordered because of the time split. However if there is a significant difference an award of support may occur. You should carefully consider both options and review the child support guidelines.
Answered on Oct 31st, 2012 at 12:40 AM
Child support is based upon our Guidelines. Under our Guidelines, there is not a formula to determine child support under those circumstances. However, if one party's income is significantly greater than the other, then, the party with the greater income could still end up having to pay child support to the other. I would also encourage you to think about what will be best for your children regarding the schedule. A six month/six month schedule could be very difficult for your children.
Answered on Oct 31st, 2012 at 12:10 AM
Equally sharing physical custody does affect child support, but may not eliminate it if one party earns more than the other or pays more in child care than the other. The Michigan child support formula is complicated, but both parents are required to contribute to the support of their children on a pro rata basis according to their respective share of total family income. If one earns twice what the other earns, the one will contribute more for support, and the friend of the court [FOC] will average what each owes the other while the kids are in the other's care, and only one parent will pay the same amount year-round so FOC doesn't have to keep changing the orders every time you switch custody.
Answered on Oct 30th, 2012 at 10:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Possibly, if there is a difference in the income of the parties, unless they agree otherwise. The major determinants for child support are overnights and income.
Answered on Oct 30th, 2012 at 10:33 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Even if you equally share time if the incomes are not the same someone will pay child support. Six month rotations will be tough for the kids unless there is ongoing visitation they stay at the same school and can keep the same friends.
Answered on Oct 30th, 2012 at 10:28 PM
You would have to run a child support worksheet to get that answer.
Answered on Oct 30th, 2012 at 10:22 AM