Should I have to pay child support if we have joint custody? 27 Answers as of November 14, 2011

Should I have to pay child support if I have joint custody with equal amounts of time with each parent and are splitting all bills 50/50?

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Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Maybe. Theoretically, in Washington, if each of you had the child exactly 50% of the time and if each of you had exactly the same income, then, no child support money should change hands, except for expenses for things like daycare and medical that would be split 50/50. However, since this is almost never the case, there is likely going to be some amount of child support flowing from one parent to the other.
Answer Applies to: Washington
Replied: 11/11/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
That depends. Who makes more money? Without a written, approved agreement, recent court decisions have ruled that the higher income spouse pays child support regardless of the 50/50 split.
Answer Applies to: New York
Replied: 11/11/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Child support is based on 3 key factors: gross incomes of the parties, time share percentage with the child and tax filing and related deductions. These factors should be weighed on your behalf by a skilled family law attorney trained to assess the child support formula.
Answer Applies to: California
Replied: 11/11/2011
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
I will make a determination of the financial circumstances of both parents and provide an opinion of the obligation to pay child support. It is true that no child support is paid by either party in some cases of shared parenting. In other cases involving shared parenting, the spouse with a larger statutory net income may be required to pay some child support. The determination depends upon the financial circumstances of the parties.
Answer Applies to: Illinois
Replied: 11/11/2011
Attorney & Counselor at Law
Attorney & Counselor at Law | John Hugger
In Colorado child support is based upon each of the parents' gross incomes and the number of overnights the child or children spend with you and your ex. It is set forth in CRS 14-10-115. Consult with an attorney.
Answer Applies to: Colorado
Replied: 11/11/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    In Washington state, child support is determined by statutory formula. Whether and to what extent a parent pays support depends on their income. While a shared residential schedule can affect the amount of the support paid, it does not necessarily eliminate the support obligation altogether.. You should consult with a attorney regarding you options.
    Answer Applies to: Washington
    Replied: 11/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Probably, unless you have identical incomes.
    Answer Applies to: Georgia
    Replied: 11/11/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    If your income is higher than your ex's then "yes".
    Answer Applies to: California
    Replied: 11/11/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Child support is based on a complex formula mandated by the California Legislature. 50/50 custody is not the only criteria. In fact, believe it or not, it is possible to have 99% custody and still pay child support to the other parent. In a case like this/yours it takes a creative legal presentation to manipulate the facts and evidence to lower, or increase the amount of support paid or received depending on what side of the argument you are on. 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: 11/11/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Maybe. It matters if you make more than your wife.
    Answer Applies to: Michigan
    Replied: 11/11/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Equal time is only part of the question in Colorado. Unless you each have equal income, it is quite likely that one of you has to pay child support to the other.
    Answer Applies to: Colorado
    Replied: 11/11/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    50/50 time does not dispose of child support automatically. A Judge will consider the amount of time the child spends with each parent, as well as the parent's respective incomes and abilities, in determining child support.
    Answer Applies to: Texas
    Replied: 11/11/2011
    Law Office of Andrew E. Teitelman, PC | Andrew E. Teitelman
    Child support is based on the parties' parenting time with the child and their respective incomes. You may want to consult an attorney to assist in calculating support.
    Answer Applies to: Oregon
    Replied: 11/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Maybe. It depends on how close your incomes are.
    Answer Applies to: Washington
    Replied: 11/11/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Child support depends on a number of factors. The amount of time that the child spends with each parent is an important one, but not the only one. Unless the parents have nearly identical net incomes and pay almost exactly the same dollar amounts of the child's health insurance costs, uncovered medical expenses and child care expenses there will generally be child support owed one way or the other.
    Answer Applies to: Florida
    Replied: 11/11/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    In California, child support is calculated based on time with each parent and also the income of each parent. That means that even with a 50/50 split of time, if one parent makes more money than the other, then that parent would have to pay child support if requested by the other parent.
    Answer Applies to: California
    Replied: 11/11/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Child support is determined based on child support guidelines which uses factors that include each parent's income and the aunt of time they spend with the child. Often, even in joint custody cases, child support is awarded.
    Answer Applies to: Minnesota
    Replied: 11/11/2011
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    It depends on the income of both parties.
    Answer Applies to: Alabama
    Replied: 11/11/2011
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    A computer calculation is used to determine the amount of "guideline" child support. The amount to be paid is a function of two things: how much time each parent has with the child and each parent's income. If the parents make the same amount of money and have equal time share, then normally neither would pay child support. If their incomes are different, the higher-earning parent would pay the other parent some amount of money as determined by the computer calculation. Normally, parents share 50/50 the cost of things like health insurance for the child, un-reimbursed medical expenses and childcare so a parent can work. There is the provision for allocation of these "mandatory" add-ons on a pro-rata basis if there is a significant difference in the parties' incomes.
    Answer Applies to: California
    Replied: 11/11/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You could still be liable for support even if you have 50/50 if there is a difference in income. The mere fact that the parties have 50/50 does not mean that one party would not owe the other support.
    Answer Applies to: California
    Replied: 11/11/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It depends on each party's respective income.
    Answer Applies to: California
    Replied: 11/10/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Usually, one parent is named the custodial parent. The other parent has to pay child support.
    Answer Applies to: New Jersey
    Replied: 11/10/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Joint legal custody is not the same as residential custody. The non (residential) custodial parent pays support to the custodial parent.
    Answer Applies to: New York
    Replied: 11/10/2011
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