If both parents have custody, which one has to pay for child support? 28 Answers as of July 03, 2013

If both parents have shared/equal custody of child, are either parent required to pay child support?

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Reza Athari & Associates, PLLC | Armand Fried
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.
Answer Applies to: Nevada
Replied: 11/2/2011
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
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.
Answer Applies to: New York
Replied: 10/28/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
That depends upon the parties' respective incomes and their actual custodial timeshare. Child Support is based on all of those major factors, plus certain minor factors which include payment of health insurance, real property tax, and mortgage interest. If you want to determine what guideline support should be, you should consult with an experienced Family Law Attorney, who would be able to prepare a DissoMaster "Guideline" Child Support report for you, or you should access www.childsup.ca.gov/calculator to enter the required information to geta child support estimate.
Answer Applies to: California
Replied: 10/27/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
The answer will depend on how much money each parent makes, and on other factors.
Answer Applies to: New Jersey
Replied: 7/3/2013
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Depends on the income of the parties and the number of overnights during the year.
Answer Applies to: Michigan
Replied: 10/25/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Even in a situation with true 50/50 time-sharing, there will usually be a child support obligation unless the parties have the exact same net income and each pays almost exactly the same dollar amount of child-related expenses (daycare, child's health/dental insurance, child's uncovered medical expenses). Since it is quite unlikely that this would be the case, there will be a child support obligation, even if it is quite small.
    Answer Applies to: Florida
    Replied: 10/25/2011
    McCormack Law Office
    McCormack Law Office | Erin Michael McCormack
    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.
    Answer Applies to: Maryland
    Replied: 10/25/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    The non-custodial parent.
    Answer Applies to: New Jersey
    Replied: 7/3/2013
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    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.
    Answer Applies to: Ohio
    Replied: 10/25/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    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.
    Answer Applies to: California
    Replied: 10/25/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Yes, it is possible, especially if one earns significantly more than the other. Child support is based on the Florida Child Support guidelines.
    Answer Applies to: Florida
    Replied: 10/25/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 10/25/2011
    Law Offices of Mendlovitz & Sanchez
    Law Offices of Mendlovitz & Sanchez | James V Sanchez
    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.
    Answer Applies to: California
    Replied: 10/24/2011
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    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.
    Answer Applies to: California
    Replied: 10/24/2011
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 10/24/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You have to look at the child support order for the details.
    Answer Applies to: Washington
    Replied: 10/24/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    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.
    Answer Applies to: Washington
    Replied: 10/24/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is based on child support guidelines which use the incomes of each parent and their respective parenting time to determine support. In a situation where they have equal parenting, the parent with the greater income would likely have a support obligation.
    Answer Applies to: Minnesota
    Replied: 10/24/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    If they have a shared (50%) custody arrangement where they opted out of the Child Support Standards Act, neither would have to pay child support to the other. However, if one parent is designated as the custodial parent, then the other would probably be required to pay.
    Answer Applies to: New York
    Replied: 10/24/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    If there is an income disparity, then the parent with the larger income may be required to pay child support, even when the parties have equal custody of the child.
    Answer Applies to: California
    Replied: 10/24/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Child support is calculated on 2 main vectors: gross incomes of the parties and actual timeshare with each parent.
    Answer Applies to: California
    Replied: 10/24/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Depends on each parent's respective income. You can run a child support calculation here: http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default .aspx .
    Answer Applies to: California
    Replied: 10/24/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    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.
    Answer Applies to: Nevada
    Replied: 10/24/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    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.
    Answer Applies to: Arizona
    Replied: 10/24/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    They would be determined in accordance with the Guidelines.
    Answer Applies to: Connecticut
    Replied: 10/24/2011
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