QUESTION
If both parents have custody, which one has to pay for child support?
Asked on Oct 21st, 2011 on Child Custody - Arizona
More details to this question:
If both parents have shared/equal custody of child, are either parent required to pay child support?
16 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The non-custodial parent.
Answered on Jul 03rd, 2013 at 3:00 AM
There is legal custody, which is usually joint custody; there is physical custody, where one parent often has primary custody and the other gets visitation. If so, the other parent will owe support. If you have equal or joint physical custody, neither parent has to pay the other.
Answered on Nov 02nd, 2011 at 3:16 PM
It depends on what the arrangement of the shared custody are. If one parent has the child for a majority of the week, then the other parent could be asked to make child support payments for the time in custody of the other parent. It also depends on the financial situation of both parents, their employment situation, and what each parent is capable of paying to the other for support.
Answered on Oct 28th, 2011 at 1:02 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Steven D. Dunnings
Depends on the income of the parties and the number of overnights during the year.
Answered on Oct 25th, 2011 at 2:04 PM
Civil Litigation Attorney serving Salisbury, MD
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Adkins, Potts & Smethurst, L.L.P.
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Child support guidelines are calculated based on the number of nights the child resides with each parent and all expenses related to the child, and then adjusts the costs according to the respective incomes of both parents. So if both parents have the same income and the same amount of overnights, the guidelines will come out as $0. If, however, the parents have the child the same number of overnights, but one parent has a larger income than the other, the parent with the larger income will pay the parent with a lesser one. Most states and courthouses have a family services office which can help you calculate the guidelines, or direct you to a child support calculator.
Answered on Oct 25th, 2011 at 1:39 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Shared custody does not mean no child support. Rather, support is based on the parents' incomes and the amount of time each has the children.
Answered on Oct 25th, 2011 at 3:57 AM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Shared equal custodial time is only one of the factors considered when ordering child support. If the incomes of the parents are significantly apart, the high earner will usually pay some degree of child support, even if there is a true 50/50 time share. There are also other factors that can be discussed with a family law attorney. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life.
Answered on Oct 25th, 2011 at 2:33 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't possible to answer that question without much more information. In Colorado, child support calculations start with comparing each parent's income. Unless the incomes are equal, equal time with the kids doesn't necessarily mean that one parent doesn't have to pay the other. Until there is a court order specifically confirming and ordering what you call "shared/equal custody" and information about your income, your question can't be answered. That same court order will also have to say which parent pays what.
Answered on Oct 25th, 2011 at 12:15 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Yes, it is possible, especially if one earns significantly more than the other. Child support is based on the Florida Child Support guidelines.
Answered on Oct 25th, 2011 at 12:14 AM
Business Law Attorney serving Lakewood, CA
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Law Office of James V. Sanchez
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Child support is based on both the time spent with the child (parenting plan) and the incomes of the two parties. The answer requires the amount of time the child spends with each parent and each parents income. Given that the two parents have a 50/50 time share, the only factors missing are income. Simple answer, yes unless the parents are exactly equal in pay as well as time share.
Answered on Oct 24th, 2011 at 10:36 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You have to look at the child support order for the details.
Answered on Oct 24th, 2011 at 10:33 PM
Glen Edward Ashman
Most of the time, yes. The answer depends on the financial information and parenting time, neither of which you provided to us.
Answered on Oct 24th, 2011 at 10:27 PM
Family Law Issues Attorney serving Camarillo, CA
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Laurie Peters & Associates, APLC
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It depends. If one parent earns significantly more than the other, then a court may order support from the high earning parent. This is done so that the child can have the same lifestyle at both houses. This information is for educational purposes only and does not create an attorney client relationship, nor should it be considered legal advice.
Answered on Oct 24th, 2011 at 6:55 PM
If you both had the child for exactly the same amount of time, and if both of you had exactly the same income, then, ideally, neither of you would pay support to the other. However, often one parent makes more income than the other parent. This results in the parent who makes more having to pay something to the other parent for child support.
Answered on Oct 24th, 2011 at 6:39 PM
If custody becomes joint (now defined as any time-share of 60/40 or closer) then support is "offset" - each to the other, with the difference actually being paid.
Answered on Oct 24th, 2011 at 6:28 PM
Child support is calculated by a statutory formula that takes into consideration several factors, including the parents' incomes, the cost of the child's health insurance, the cost of child care and the parenting time arrangement. Without having all of this information, it is impossible to calculate which parent owes a child support obligation.
Answered on Oct 24th, 2011 at 6:21 PM