For some families, it is quite clear who should pay child support. One parent may have effectively abandoned the family leaving the other with almost all parenting time. Other times, one parent might have weekend visitation or significantly less time sharing than the other adult in the family. In such cases where one parent has a clear majority of time-sharing or physical custody, the other parent is typically the one who pays child support.
However, with more families featuring two wage earners, the parents in the family may try to establish a 50/50 custody arrangement where they equally split time with their children. When parents have equal time-sharing rights, they may feel confused or uncertain about their financial obligations.
Does either parent need to pay child support in a 50/50 custody arrangement?
Circumstances usually aren’t truly equal
The reality of a 50/50 custody arrangement is often that one parent has slightly more time with the children than the other, especially once the family settles into a new routine. Even if the parents truly do alternate weeks or use a 3-4, 4-3 custody schedule where they split the weeks and alternate who has three nights and four nights every other week, the chances are good that the parents do not have truly equal financial circumstances.
When calculating child support responsibilities in a shared custody arrangement, the courts look at more than just the division of parenting time. They look at the income of both parents. If one parent makes substantially more than the other, there could be a significant discrepancy in the standard of living between the two households.
Child support can help close that gap. The bigger the income difference between the parents, the greater the likelihood of the parent with more income paying child support to ensure an appropriate standard of living at the other home. In cases where the incomes of parents shift while the children are still minors, it may be possible to modify or even eliminate child support, depending on the circumstances.
Looking closely at financial circumstances can help parents determine whether they may potentially be eligible for child support despite an even split of parenting time. A parent who earns less may have a right to request support even if they fully share other parental responsibilities with their co-parent. Parents who earn more can sometimes also reduce what they pay based on changes to their situations.