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be split in proportion to the income of each party. Guidelines exist for given situations for the courts to follow. if my house is clean than her’s house is? Can she be awarded support if she makes $200,000 a year to our combined income of $120,000? This is so that the state has a record of all transactions in the event that a parent needs to bring an enforcement action. 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. Map & Directions [+]. Is Virginia an “income sharing state”? However, 50/50 custody arrangements do not necessarily absolve parents of child support obligations. Both parents make a good wage. However, many situations are similar to the one example above. Parents who split custody 50/50 each get to have the child in their home for half the year, though specific arrangements will vary based on your living situations. Child support payments are made through the State of Florida Disbursement Unit. Remember, child support is a child’s legal right and the obligation to pay cannot be waived. or viewing does not constitute, an attorney-client relationship. This law (known as House Bill 528) seeks to promote healthier family dynamics by defaulting to 50/50 custody arrangements in child custody … 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. 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. 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). Let’s explain. Obligor may pay full guidelines support even if they share custody 50/50. Parenting time is equal. Parents do not pay each other directly. 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. Win child custody and stop the insanity today. Membership is only $49.95 for 12 months! 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. They are both equally taking care of meeting or exceeding all of the needs of their children. 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. But in the last 20 years, a lot has changed and one of the main reasons for this is the fact that so many mothers these days are in the workforce. The simple answer to “do you have to pay child support if you have 50/50 custody … Parent A kicks $20k to parent B for child support? The court considers the actual amount of time you spend with the child, not just what is ordered. 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. Learn More Now! I was divorced a year ago and pay $1600.00/month to my ex-wife for 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. 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. 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. A court can consider the income and earning potential of both parents and order the spouse with the higher income to pay child support. It’s about equalizing the income between households. The courts are required to follow these child support guidelines but they can deviate from them and increase or decrease payments based on other factors. “But the child support formula is complicated and it does not always work out this way. Do I have good chances in getting any type of help? is there anyway that i can get full cousty of the baby. In the past, it was most common for mothers to get custody of their children and for fathers to get visitation. Unfortunately, that’s not real life in all but the fewest circumstances. Because of the overwhelming amount of data in support of joint physical custody, Kentucky passed a new law in July of 2018. Despite common misconceptions, equal parenting time (50/50) does not eliminate child support, nor does zero parenting time. We’ve agreed on 50/50. is Connecticut a sharing state? This information is not intended to create, and receipt i live in fl, http://leg1.state.va.us/000/cod/20-108.2.HTM, Residential time the children spend with each parent. My husband has 50/50 custody of daughters from previous marriage. If you and your spouse agree to a joint custody arrangement and you earn more money than your husband or wife, you may still be ordered by the court to pay some child support. In the past, it was most common for mothers to get custody of their children and for fathers to get visitation. The parent providing care is the parent that is presumed to spend funds for the needs of the child. First, p hysical custody is where the child spends his or her time. Those situations are understood. Also, can the answer be sent to me via e-mail? Any help will be appreciated. Let’s look at a 50/50 custody and child support example. The answer to whether you have to pay child support … Any truth to this? Not only that, but the courts have openly acknowledged that children do well when both parents play active roles in their lives. We hope this article helped clear up some of your questions. In the past, it was most common for mothers to get custody of their children and for fathers to get visitation. They put a roof over their children’s heads. Nowadays, especially in California, mothers and fathers are given equal consideration when it comes to child custody. And, as a general rule, the more time you have your children, the less child support you will have to pay because you are spending more money to support that child when that child is in your home. An argument can be made to the court, but the guidelines are presumed correct. This involves looking at the income of both parties and taking into consideration which party will have primary physical custody. 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 the above example, child support will be ordered and it’s clear that it has absolutely nothing with supporting the children. Yes. Both have and maintain households and can make ends meet in their respective households. NH Child Support — A source of confusion for divorced or divorcing parents is how child custody or parenting time can affect the amount of child support being paid. 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. Both parents can take care of the children quite well with their respective 50% child custody. It’s not about “meeting the basic needs of the children.”. 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 on this site should be taken as legal advice for any individual Both parents are working. She has primary custody. In the middle of March of 2020, the coronavirus (COVID-19) had taken the world by storm. Florida uses an income-shares model for child support calculations. 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. Parent A makes a net income of $60,000/year, Parent B makes a net income of $40,000/year. 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). 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