Child Support and Shared Custody Arrangements

Shared child support and custody agreements can create a challenging dynamic. With intense emotions on both sides, getting help from a qualified local child support attorney is critical. This helps ensure child support obligations in a shared custody arrangement are carried out fairly. 

A family law attorney specializing in child custody and child support issues can evaluate your case and provide legal advice regarding how a judge evaluates the best interests of the child.

Understanding Shared Custody and Child Support

After a separation or divorce, joint custody (or shared custody) is a typical parenting arrangement. In this situation, you may have questions. Who pays child support? How is parenting time handled? Is either parent considered the non-custodial parent in that situation?

Joint custody and shared custody are related terms. However, they have different legal implications.

Joint Custody

In joint custody cases, parents may share both the child’s physical control (joint physical custody) and decision-making responsibilities (joint legal custody), but the specifics can vary by jurisdiction.

Primary physical custody takes the following into account:

• Parents’ work schedules
• The child’s needs
• Housing arrangements

With joint custody, both parents share decision-making power regarding a child’s upbringing.

Shared Custody

Shared custody emphasizes equal time with the child. Parents work together to raise the child and spend roughly equal time with both parents. This type of custody focuses more on the physical split of parenting time rather than legal decision-making. Concerning the custody of their children, the parents are committed to working together in decision-making related to the child.

With shared custody, the child moves from one home to the other. This type of custody arrangement works best when the parents live near each other. Otherwise, this type of co-parenting arrangement could cause further complications.

Calculating Support in Shared Custody

Courts may order child support in cases where both parents share custody in a joint custody arrangement, depending on state law and the specifics of the case. Typical exceptions to this general rule include situations where the following is true:

• The parents’ incomes are equal
• Both parents spend about equal time with the child
• The parents provide equal support for the child’s expenses

While it depends on the circumstances in each case, in most 50/50 custody arrangements, one parent will pay the other parent a certain amount of child support. Typically, the parent with the higher income will pay child support to the other parent.

Most states have child support guidelines that consider income or earnings in a child support calculation. These include:

• Gross income from wages and salaries
• Income from contractual agreements and part-time work
• Self-employment income
• Investment and interest income
• Annuities, trusts, or estate income
• Social Security and other government benefits, including Veteran’s benefits, unemployment benefits
• Alimony or other forms of spousal support

The court will also consider expenses in a child support determination. If the highest-earning parent covers specific expenses, such as healthcare and childcare, the judge will typically calculate these payments into the final order. Judges in these cases will often grant a credit against the support obligation, though a base support amount may still be required.

Factors Influencing Support Amounts

Several factors influence the amount of financial support a parent pays in a joint custody arrangement. Two of the most critical factors are a parent’s income and earning potential. Other factors include the following:

• The amount of time with each parent (i.e., the number of overnights with each parent)
• Whether the child spends an equal amount of time with each parent
• The expenses for extracurricular activities
• Daycare/childcare expenses
• Health insurance and other related healthcare costs
• Expenses related to the special needs of the child
• Other expenses deemed necessary for the child’s well-being

After hearing all the facts in your case, a judge will determine the amount of child support and child support payments.

Modifying Support Agreements

When circumstances change after the entry of a child support agreement, a court can modify a joint custody child support agreement or order. A modification can affect the child support amount in joint custody cases.

If a party files a petition to the court, the court will evaluate the petition to determine if it is in the best interest of the child to implement the changes. It must follow state law in making its decision.

For example, one parent may want more time in the child’s life and request additional visitation rights when they move closer to the child. The higher-earning parent may have experienced a layoff, or the income of both parents may have significantly increased due to job changes or promotions.

A court may modify a child support order if there is a substantial change in circumstances and the request meets the legal requirements of your jurisdiction.

Legal Guidance for Shared Custody Arrangements

Whether you’re involved in a joint custody battle or need help understanding child support guidelines, a child support attorney can help. They will explain child support obligations under state law for your jurisdiction. They can help you regarding child support considerations and how to ensure fair arrangements.