What Shared Custody Really Means for Child Support Payments

Shared custody is a common parenting arrangement in the modern world. Both parents are responsible for the child’s or children’s day-to-day care. A lot of parents in such arrangements still don’t understand how shared custody and child support relate. 

Shared custody does not excuse any of the parents from child support payments. The child or children must have shelter, food, clothing, and other supplies needed to survive like a normal child. Each parent bears the child support obligation independently, and the value might vary depending on prevailing circumstances. 

Why Courts Favor Physical Joint Custody 

Most states favor physical joint custody because it is in the best interest of the child to connect with both parents. However, the child can decide to be given physical custody to a single parent, but the other parent continues paying child support. 

A great family lawyer comes in handy when dealing with matters of child support payments in physical joint custody. Legal advice helps parents avoid failing to honor their child support payments and joint custody agreements. 

Can Child Support Payments in a Joint Custody Change? 

Federal and state laws recognize that life changes in one parent can affect the child support payments in a joint custody agreement. For instance, one parent can lose their job or develop a condition that prevents them from working. Such a parent must file a motion in court with supporting evidence for the child support payments to be adjusted accordingly. 

In such cases, the parent seeking adjustment of child support must show how their circumstances have changed and that they didn’t anticipate the change when the court set the initial payment amount. The court will determine whether the parent lacked control over the changes and whether this warrants adjusting the child support payment amounts. 

A hearing is then scheduled, and each parent will present their case before the court through their attorneys. Parents can settle the matter out of court if they meet the threshold of child support set by the court for the child or children involved. 

Determinants of Child Support Payments in Shared Custody 

Child support payments in a shared custody parenting arrangement are affected by several factors. 

Parent Income Levels 

State family laws focus on ensuring children receive the best possible parenting from both parents. Even in shared custody, where the parents are separated or divorced, the law ensures the children are provided for.  

The parent with a high income will pay more compared to the other. The Melson Formula is used to determine how well a parent can meet their own basic needs and provide child support. The obligator’s income level is key in determining who pays how much in shared custody. 

Income includes wages, commission, bonuses, dividends, unemployment benefits, and other ways a parent makes money. Other valuables, such as houses and cars, are also considered when calculating child support. 

Physical Parenting Time 

Child support in shared custody is affected by parenting durations. Most states consider which parent spends more time with the children when calculating the child support amount. The parent who spends more overnights with the kids pays considerably lower child support unless under certain circumstances. 

The Needs of the Children or Child 

States provide legal frameworks that govern child support payments and joint custody. Specific needs of the child, such as access to quality healthcare and education, are considered when calculating child support. The children’s safety and quality of life take precedence. 

Conclusion 

Major takeaways from understanding child support in a joint custody agreement include: 

• Courts favor physical joint custody where possible.
• The child’s interests are prioritized.
• Parents can legally change child support payments when life circumstances change.
• Income levels, parenting time, and the needs of the child all affect child support payments.