QUESTION
Will you still pay child support if you have joint custody? How?
Asked on May 26th, 2015 on Child Custody - California
More details to this question:
My wife and I are going through a divorce, and we both want joint-custody. We are on reasonably good terms, and we have been as friendly as you can be so far. We both care for our son equally, but I am wondering whether one of us will have to pay child support anyway when we go to court. I have the higher income, but my wife still makes a decent living. Will I have to pay child support?
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: you should retain an experienced family law attorney to advise and represent you. She or he will no doubt explain the difference between Custody and Physical Placerment. In Wisconsin there are formulas (available online) to help calculate a support obligation, which will vary depending on how much more than 25% of overnights the child or children spend with each parent. Other child support obligations may also affect how much you pay. Good Luck.
Answered on May 28th, 2015 at 4:44 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If by joint custody you mean a 50/50 parenting plan, you will have to pay a small amount in the transfer payment to the mother since you are the higher earner. Once child support is calculated based on each of your incomes, the amount of transfer is adjusted to reflect the amount of time the child spends with you above what is already calculated in. This will result is a small transfer payment unless you cover all of e.g. the medical insurance for the child, which may well make up for the amount you would be owing.
Answered on May 27th, 2015 at 1:25 PM
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Sometimes. Generally, this occurs when one party earns significantly more than the other (to ensure the child has a reasonable standard of living in each parent's home), or to assist one parent in paying health insurance premiums. If each parent earns a reasonable income, generally you will simply split the costs of raising the child, from clothes to school lunches to sports, in the percentage of household income if you were residing together.
Answered on May 27th, 2015 at 7:04 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan yes, as the obligation is based on a formula, which is in major part based on income. Consult with an attorney now!
Answered on May 27th, 2015 at 12:11 AM
Business Law Attorney serving San Jose, CA
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Law Offices of Christopher W. Dull
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Child Support is based typically on the income of the parties and timeshare. Even if timeshare was 50/50 if you earn a higher income you may still have to pay.
Answered on May 27th, 2015 at 12:06 AM