Is Virginia an “income sharing state”? We’ll focus on income-shares model states for the purposes of this article. This number is then divided between the parents according to their income and how custody is split. She has primary custody. This number corresponds to a support obligation amount in the statutory table, which represents the total child support amount. In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one "custodial parent"? 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. i live in fl, http://leg1.state.va.us/000/cod/20-108.2.HTM, Residential time the children spend with each parent. They may assume that since they equally share the parenting, neither would owe any child support to the other. Obligor may pay full guidelines support even if they share custody 50/50. This involves looking at the income of both parties and taking into consideration which party will have primary physical custody. The Orlando, Florida based law firm of McMichen, Cinami & Demps dedicates its entire practice to family law matters. Finally, the court will take into account the number of overnights the child spends with each parent. Any truth to this? Yes. We’ve agreed on 50/50. An argument can be made to the court, but the guidelines are presumed correct. In some cases, the courts may allow parents to come to an agreement regarding child support when there is 50/50 custody. Do I have good chances in getting any type of help? Florida uses what is known as the “income shares model” for determining support. When parents share 50/50 custody, child support payments are approximately 15% of the difference of the parents' earnings. A 50/50 parenting plan gives the higher earning parenting an argument for a deviation downwards. 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. Parents who split custody 50/50 each get to have the child in their home for half the year, though specific … Yes. The court will then take into consideration any additional expenses that each parent is covering. 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 … Typically, the parent that the children spend less time with pays child support. The difference becomes what a parent owes in child support. The support obligation will then be adjusted to reflect this contribution. Florida uses an income-shares model for child support calculations. New Hampshire is a strange hybrid and the guidelines barely take into account obligee’s income and parenting time is irrelevant. 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. First, p hysical custody is where the child spends his or her time. Child support payments are made through the State of Florida Disbursement Unit. is Connecticut a sharing state? This would include deciding issues related to education, religion, and healthcare. 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. A 50/50 custody / timesharing arrangement does not eliminate a child support obligation. if my house is clean than her’s house is? This is so that the state has a record of all transactions in the event that a parent needs to bring an enforcement action. This would include all wages, self-employment income, investment income, spousal support, and unemployment. The answer to whether you have to pay child support if you have your children fifty percent of the time is, it depends. 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. 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. 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. 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. This would occur in cases where the custody arrangement is split 50/50 and the parents have the same resources and income. 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. Our attorneys have worked with clients throughout central Florida in all areas of family law, including divorce, child custody and property division. Having a 50/50 parenting plan does not, repeat not, mean there is no child support. 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. 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. We offer our clients combined experience of over 50 years in the practice of law. Now, it is rare that no child support is ordered, but it is technically possible. 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 Quick Guide to Dependent Tax Claims in 50/50 Custody. 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. While a 50/50 custody agreement may seem like it would preclude child support, this is rarely the case. My husband has 50/50 custody of daughters from previous marriage. The total child support amount is then split between the parents according to their income and assets. 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). In cases where parents have a disparity in income, the court may order child support. 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. Do I Have to Pay Child Support with 50/50 Joint Custody? The amount of child support a parent is required to pay is set by Florida law. Parents do not pay each other directly. In the case of divorce, one parent is typically required to pay child support to the other parent. How is Child Support Calculated in Georgia in 50/50 Custody Arrangements? In cases of 50/50 custody, the parents are presumed to be paying equal expenses. Psychological Custody Evaluation in Orlando. When parents share custody of their child equally, the custody factor takes a back seat. 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 … Parent A makes a net income of $60,000/year, Parent B makes a net income of $40,000/year. In other words, how the parents share legal custody would not be relevant to the child support calculation. 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. That answer may seem puzzling because the amount of physical custody can affect the amount of child support. Win child custody and stop the insanity today. 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. 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. This would include money used to purchase clothing, provide housing, health insurance coverage, and fund education costs. 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. In Florida, child support calculations are based on two factors. The idea is that this gives children a more … Let’s explain. 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