In cases where parents have a disparity in income, the court may order child support. Note that child support takes into account only physical custody. According to Florida Statute 61.30, child support guidelines are heavily influenced by the parties’ net income after allowable deductions and the number of overnights each party enjoys with the kids. Many circumstances are considered when child support orders are created.  Many significant financial matters are rolled into the equation and they may include all or some of the following: The methodology can vary quite significantly from state-to-state, so it’s important that you review your state’s child support statutes for specifics.  In “flat-rate” states, even in a 50/50 child custody arrangement, one parent is designated the residential or primary custodial parent for child support purposes and the other parent is paying a percentage of their income in accordance with the law regardless.  In income-sharing states, well, formulae vary, too. Instead, the parent who earns more income usually has to pay at least some child support to the lower-earning parent. This parent is referred to as the “non-custodial” parent. Courts in New Jersey will essentially award the parent who has the child more times overnight, more child support. Now, it is rare that no child support is ordered, but it is technically possible. This gets around having to pay tuition in some cases. Both parents’ income is then combined. Financial responsibility is different. There is also the financial side of being a parent. In Virginia, calculating child support in 50/50 cases, does time child is in school, daycare or sleeping count as 24 hours? We’ve agreed on 50/50. Generally speaking, a 50-50 arrangement is going to be called shared parenting in Ohio. Learn More Now! In income-sharing states, well, formulae vary, too. Examples would be things like extraordinary medical expenses, private education tuition, childcare, etc. That answer may seem puzzling because the amount of physical custody can affect the amount of child support. Yes, you can still request child support if you share 50/50 custody. She wants to divorce, and keep only working 15 hrs a week and continue to homeschool. Where one parent makes more than the other, the court may believe it's not fair to the children to rely on the lower-earning parent's income alone while in their care. A court can consider the income and earning potential of both parents and order the spouse with the higher income to pay child support. Do I Have to Pay Child Support with 50/50 Joint Custody? In other words, how the parents share legal custody would not be relevant to the child support calculation. The first factor is the financial resources of each parent. Is Child Support Necessary if the Parents Split Custody 50/50? By Sari M. Friedman, Legal Counsel Fathers' Rights Association – NYS & Long Island. Any truth to this? Some parents, often through agreement, have 50/50 parenting plans, in other words, each parent has the children 50% of the time. Q: If the parents have 50/50 custody, can one parent be required to pay child support to the other parent? Parents do not pay each other directly. Also, keep in mind that child support orders do not necessarily need to be part of a divorce. What Dads Need to Know About Child Support with Joint Custody Focus On (at Least) 50-50 Custody “The tradition for the past 40 years of mothers having children 26 days per month and dad seeing his children every other weekend is a completely … In “flat-rate” states, even in a 50/50 child custody arrangement, one parent is designated the residential or primary custodial parent for child support purposes and the other parent is paying a percentage of their income in accordance with the law regardless. If Husband/Father earns $100,000 per year, and Wife/Mother earns $65,000 per year, and the parties have equal timesharing, Husband/Father will likely be ordered to pay child support. Simply put, child support covers expenses related to raising the child. For the purposes of the forthcoming example, let’s presume that it is only fair that necessary extraneous expenses, such as costs for childcare, healthcare, etc. In the past, it was most common for mothers to get custody of their children and for fathers to get visitation. Remember, child support is a child’s legal right and the obligation to pay cannot be waived. The answer to whether you have to pay child support if you have your children fifty percent of the time is, it depends. This would include all wages, self-employment income, investment income, spousal support, and unemployment. In some cases, the courts may allow parents to come to an agreement regarding child support when there is 50/50 custody. Parents who split custody 50/50 each get to have the child in their home for half the year, though specific … When determining child support in the state of California for parents who have 50/50 custody, the court must follow the state's established support guidelines. Child Support is not something either party can “waive,” as child support is a right of the child pursuant to the aforementioned statute. This would occur in cases where the custody arrangement is split 50/50 and the parents have the same resources and income. Raising children after a divorce can be challenging for both parents. The Quick Guide to Dependent Tax Claims in 50/50 Custody. Namely, our calculations tell us that a parent with 50/50 custody will usually have to pay child support equal to 15% of the difference in the parent’s incomes. We offer our clients combined experience of over 50 years in the practice of law. But a deviation is always discretionary. The other factor is how much time the child spends with each parent. This field is for validation purposes and should be left unchanged. In Florida, both parents are legally obligated to support their child until the child becomes an adult. Even with joint custody, it is not always easy to make the arrangement function smoothly. For instance, if 2 parents each make $2,000 per month, the difference is $0, and neither parent will have to pay support with a … If the child spends less than this amount of time with a parent, that parent receives no child support credit. These can be joint, where the parents share responsibility, or it can be sole, where one parent is mostly in charge of the child. I make almost $60k. She believes the judge will instruct me to pay $1000+ per month in child support, even though she is leaving and I have to maintain all current bills. Parent A makes a net income of $60,000/year, Parent B makes a net income of $40,000/year. Pennsylvania allows for parents to share custody of a minor child after a divorce, and in some cases, that custody is split equally, 50/50. Child support is calculated based on several different factors including the incomes of both parents. The court will then take into consideration any additional expenses that each parent is covering. Parent A kicks $20k to parent B for child support? This number corresponds to a support obligation amount in the statutory table, which represents the total child support amount. Then, the parent with the higher payment number would pay the difference to the parent with the lower payment amount. Since, in theory at least, parents with joint custody share equally in physical custody, this is less important when deciding who should pay child support. This number is then divided between the parents according to their income and how custody is split. It is important to note that there are two types of custody recognized in Florida. When parents share 50/50 custody, child support payments are approximately 15% of the difference of the parents' earnings. 50/50 custody covers two areas.Joint legal custody gives both parents equal authority regarding major decisions about the child such as education, health care, and religion.Joint physical custody maximizes the time the child has with both parents.Schedules work well in securing the same amount of time the child has with each parent. We’ll focus on income-shares model states for the purposes of this article. The first type is known as “legal custody.” Legal custody refers to the right to make important decisions about raising the child. Let’s look at a 50/50 custody and child support example. However, it may make the tax waters a bit murkier than they were before the divorce. But the bottom line is, in a 50/50 custodial situation, absent any extenuating circumstances… once all of the other relevant issues are factored appropriately – in shared income model states, the net income will be equalized between the households. This can lead to some confusion over whether either parent is required to pay child support, since the common determination of child support is typically that the noncustodial parent pays child support to the custodial parent. However, an equal split of custody in a joint custody case often leads to questions about the payment of child support between parents. I just made a 50/50 custodial agreement but I’m in need for some child support, my ex makes so much more than I do. The amount of child support a parent is required to pay is set by Florida law. The exact number to be paid will depend also on the number of children shared, the amount of time each parent has with the children, and the parents' monthly incomes. In cases of 50/50 custody, the parents are presumed to be paying equal expenses. The courts will generally refuse agreements that allow a parent to pay significantly less … Our attorneys have worked with clients throughout central Florida in all areas of family law, including divorce, child custody and property division. The difference becomes what a parent owes in child support. Joint custody and child support While there is a great movement towards 50/50 equally shared visitation time in at least 30 states, the majority of family courts still default to some version of a model that has prevailed in separated families for decades: First, p hysical custody is where the child spends his or her time. If one parent makes much more money or has fewer debts, he or she may be ordered to pay the other support, even if they share 50/50 custody. Do I have good chances in getting any type of help? How is Child Support Calculated in Georgia in 50/50 Custody Arrangements? This would include money used to purchase clothing, provide housing, health insurance coverage, and fund education costs. It’s not about “meeting the basic needs of the children.”. Let’s explain. Note that in Florida, only overnights count in the calculation for child support. They may assume that since they equally share the parenting, neither would owe any child support to the other. By contrast, “physical custody” refers to the time the child spends with each parent. Under New York case law, the parent earning the most income is deemed to be the noncustodial parent for purposes of calculating support, regardless of whether the parties have 50/50 shared custody. She doesn’t need our money but loves to threaten us and make us squirm. If Your Incomes Are Similar If you and the other parent have equal or approximate equal parenting time and your incomes are similar, you have a good argument for there to be no child support paid to either parent. Florida uses an income-shares model for child support calculations. I was divorced a year ago and pay $1600.00/month to my ex-wife for child support. In Florida, child support is governed by Florida Statute § 61.30.. Often a misconception that is heard from clients is, “we’re going to do 50/50 custody and she doesn’t want child support…”. Unmarried parents are still required to support their children. That, however, is generally not the case. In other words, joint custody is roughly a 50/50 custodial arrangement, where the child spends a roughly equal amount of time with each parent. The vast majority of the time, the father would see his children once a week and every other weekend, and he would be the one to pay child support. It’s applied the same way in unbalanced schedules only the formula adjusts for unexplained factors to modify upwards for the payor if the custodial parent has the lion’s share of child custody. A 50/50 custody arrangement is clearer, and it is socially beneficial for both the ex-spouses and their children. Can she be awarded support if she makes $200,000 a year to our combined income of $120,000? Now, it is rare that no child support is ordered, but it is technically possible. Support is determined solely according to the first factor, the parent’s resources. In an shared parenting arrangement, equal custody, 50/50 custody, the income-shares model states seek to “equalize the income between the two households.”  Extra expenses are not truly a factor.  Parenting time is equal.  Both have and maintain households and can make ends meet in their respective households.  They put a roof over their children’s heads.  They clothe them.  They feed them.  They are both equally taking care of meeting or exceeding all of the needs of their children. The ex is very mean and constantly threatens to make us pay child support if we don’t do her favors and take the kids to appointments on her custody weeks. be split in proportion to the income of each party.  When we remove that reality from the actual calculation, we eliminate some measure of confusion and leave only the income of the parents.  Further, for the purposes of easy  math, we’ll use round figures and two gainfully employed parents sharing custody equally (forgetting about necessary deductions for taxes and such). However, these cases are relatively rare. Yes. For example, joint custody arrangements can involve parents alternating the weeks during which they enjoy parenting time with the child or splitting each week up in some form or fashion. Child support generally exists so that a higher-earning parent who divorces a lower-earning parent will still contribute toward the children’s living expenses. Psychological Custody Evaluation in Orlando. Have yet to go to court - father and I agreed joint custody originally in amicable separation (never married), however father says he does not owe child support since it's 50/50. Also, can the answer be sent to me via e-mail? However, in these cases, there may be additional hurdles that a parent must address first, such as proving paternity. It’s about equalizing the income between households. Finally, the court will take into account the number of overnights the child spends with each parent. Membership is only $49.95 for 12 months! When parents share custody of their child equally, the custody factor takes a back seat. While a 50/50 custody agreement may seem like it would preclude child support, this is rarely the case. In cases where you have joint custody and the custody time is evenly split, the calculation is more straightforward. Any help will be appreciated. We live in Illinois, well my girl friend lives in a unsutable house for m baby girl. The Orlando, Florida based law firm of McMichen, Cinami & Demps dedicates its entire practice to family law matters. Home » Blog » Do I Have to Pay Child Support with 50/50 Joint Custody? Further, both parents would also need to be equally dividing expenses for things like health insurance and childcare. In particular, many parents like splitting time 50/50. Obligor may pay full guidelines support even if they share custody 50/50. In recent years, joint physical custody (also called shared physical custody) has become popular because it allows both parents to have substantial involvement in their child's life. With the passing of the modification to custody and timesharing in 2018, the landscape for child support has changed dramatically in Kentucky. This process considers each parent’s current assets and as well as how much each parent earns. This means that visits with the child that only last during the day or into the evening would not be taken into account. is Connecticut a sharing state? Of course, there are other factors that will affect that number minimally, including credits for who is carrying health insurance, tax deductions, who is paying for necessary childcare…. A 50/50 parenting plan gives the higher earning parenting an argument for a deviation downwards. Is Virginia an “income sharing state”? Having a 50/50 parenting plan does not, repeat not, mean there is no child support. What would that mean if parent A makes $140k and parent B makes $100k? While the stated intent of child support is to provide for the children the benefit of the same lifestyle to which they were accustomed when the family was intact makes little sense, that’s the “philosophy” of those who wrote the statutes.  Unfortunately, the reality is that one household has now become two and that alone means that the children will not enjoy the same lifestyle as before the family break-up without both parents managing to obtain substantial increases in income. A 50/50 custody / timesharing arrangement does not eliminate a child support obligation. This involves looking at the income of both parties and taking into consideration which party will have primary physical custody. is there anyway that i can get full cousty of the baby. This would occur in cases where the custody arrangement is split 50/50 and the parents have the same resources and income. Let’s look at a 50/50 custody and child support example. Calculating Child Support with 50/50 Joint Custody. This is so that the state has a record of all transactions in the event that a parent needs to bring an enforcement action. Despite all of these realities, in income-shares model states, $10,000 in “child support” will be ordered be paid from Parent A to Parent B absent an agreement between the two parties (if even then).  The purpose is to equalize the income and make both households have an income of $50,000 each. An argument can be made to the court, but the guidelines are presumed correct. The total child support amount is then split between the parents according to their income and assets. In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one "custodial parent"? Although 50/50 custody can eliminate the need for child support, that’s rarely the case in Kentucky. The bottom line is that the income-shares model is simply a redistribution of wealth from the higher earning parent to the lower earning parent.  Nothing demonstrates this reality more than the child support which is ordered in an equal parenting or 50/50 custody arrangement in income-shares model states. It may not be “fair.”  It may not be necessary.  In the above example, child support will be ordered and it’s clear that it has absolutely nothing with supporting the children.  It’s the law in those states using the income-shares model.  This, of course, is detailed with the realization that there may be exceptions for individual circumstances where a 50/50 custody arrangement is in place and one parent is unable to work or has been laid off and assistance is required.  Those situations are understood.  However, many situations are similar to the one example above.  Both parents are working.  Both parents make a good wage.  Both parents can take care of the children quite well with their respective 50% child custody.  However, if the lower earning parent wants to petition the court for extra money in the form of child support, they can do it and they will get it according to the child support formula in their state. By contrast, the custodial parent has more time with the child and is considered to be providing direct financial support during this time. The more nights you have the child, the less support you will be required to pay. It also means the child goes to school where that parent lives. This means that both parents maintain legal and physical custody of their child, and in some cases even splitting time equally, 50/50, between parents. We homeschooled our kids when we were together. The idea is that this gives children a more … However, 50/50 custody arrangements do not necessarily absolve parents of child support obligations. Child support payments are made through the State of Florida Disbursement Unit. Florida uses what is known as the “income shares model” for determining support. This would include deciding issues related to education, religion, and healthcare. 50/50 Child Custody Part One: Every 2 Days & 2-2-3. In Florida, child support calculations are based on two factors. One parent would have to be named residential parent for school purposes. Call an Orlando divorce lawyer at McMichen, Cinami & Demps today for a free consultation. Win child custody and stop the insanity today. Can I challenge both the custody agreement as well as contest the child support payments? A third option that has been used by judges in 50/50 custody agreements is to calculate for both parents the amount each would be ordered to pay if an order was made to pay child support. Yes. In the case of divorce, one parent is typically required to pay child support to the other parent. I work three jobs to keep my head above water and satisfy the ordered amount, but I do not spend enough time with my sons as I would like. A father with 50/50 custody can pay child support — and even alimony. Here are the Virginia Child Support Statutes: http://leg1.state.va.us/000/cod/20-108.2.HTM, Using my rather simplified example, yes, that’s effectively what happens in a 50/50 child custody situation. In calculating each parent’s earnings, the formula takes into account nearly every form of income. Typically, the parent that the children spend less time with pays child support. My husband has 50/50 custody of daughters from previous marriage. Under Georgia’s statutory child support guidelines, the “noncustodial parent”—the party with less than 50% of the parenting time—is typically expected to pay child support to the “custodial parent”—the party … There are a lot of misconceptions about Florida child support, but by far one of the biggest is that child support is only necessary if one parent has more custody than the other.This is not the case. Child custody establishes who will have legal and/or physical custody of the child. if my house is clean than her’s house is? New Hampshire is a strange hybrid and the guidelines barely take into account obligee’s income and parenting time is irrelevant. i live in fl, http://leg1.state.va.us/000/cod/20-108.2.HTM, Residential time the children spend with each parent. [2] Consequently, this non-custodial parent is required to pay their pro-rata share of the child support obligation unless it can be shown that paying the full amount would be unjust or improper. The support obligation will then be adjusted to reflect this contribution. Further, both parents would also need to be equally dividing expenses for things like health insurance and childcare. If one parent earns more than the other and there is equal or 50/50 visitation then there is a very good chance that there will be a child support order for the parent who earns the most to pay some amount to the other parent. This formula estimates how much money the parents would spend on the child(ren) if they were still together. Kentucky made joint custody and equal timesharing in 2018 the default, but did not update the statutes regarding child support obligations, creating a confusing child support landscape for people exercising shared or equal parenting time. My spouse makes only about $6000 a year, because she does not want to work more then 2 or 3 days a week (at 5 hrs a day). While prevailing opinion (with some exceptions) may be that when an equal parenting arrangement has been created via a child custody order or agreement between parents – each parent should be responsible for the financial responsibilities of the children in their own home.  No money in the form of court ordered child support should change hands.  Unfortunately, that’s not real life in all but the fewest circumstances. Further, a child must spend at least 73 nights (or 20% of the year) with a parent in order for that parent to get credit for child support. Child custody and child support are two different determinations. 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