If we have 50 50 custody who pays child support?

Usually, whichever parent spends the least amount of time with a child (or the non-custodial parent) is responsible for child support payments. However, courts recognize that requiring a parent to pay 50% of the child support obligation when they earn less than 50% of the combined income could result in financial hardships.

By Brad Nakase, Attorney

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When and ex husband and ex wife has 50/50 custody of a child, who pays for child support?

In California, when parents who are divorced have equal 50/50 custody of their child, there may still be obligations for child support. The determination of who pays child support and the amount to be paid in a 50/50 custody arrangement depends on factors. Here are some important considerations:

  1. Income Levels: in a situation where custody is equally shared the parent with a higher income may still be required to provide financial support to ensure fairness and balance for the child.
  1. Time Spent with Each Parent: Although the custody agreement is split equally it’s essential to consider the time spent with each parent. If one parent ends up having more than 50% of the time with the child, this could impact how child support is calculated.
  1. Additional Expenses: Various expenses such as healthcare, education, childcare and any child’s special needs can also influence the amount of child support required. These costs might be distributed differently based on each parent’s circumstances.
  1. State Guidelines: California has guidelines that outline how child support is calculated in such cases.
  2. Court Discretion: Ultimately, it is up to the court to decide on child support arrangements that are fair and in line with the best interests of the child while considering all circumstances.

It’s important to note that when parents have equal custody, there can still be financial responsibilities for supporting their child through fair and reasonable arrangements.

These guidelines take into consideration factors such as the income of both parents, the number of children involved, and other relevant considerations. To get an estimated idea of what to expect in terms of child support payments you can use a child support calculator provided by your state.

If you find yourself in a situation as a parent, it is crucial to consult with a Los Angeles civil litigation attorney who can provide advice tailored to your specific circumstances. Additionally, if there are any changes in either parent’s income or adjustments needed based on changes in the child’s needs over time, it is possible to modify the existing child support order.

How do you calculate child support in California?

To determine child support in California, a specific formula that takes factors into account is used. The state follows a guideline calculation that primarily considers the income of both parents and the amount of time each parent spends with the child. Here’s a basic overview of how it works:

  1. Parental Income: This factor holds weight in the calculation. It involves considering the disposable income of both parents. Net income is typically determined by deducting taxes, mandatory union dues, retirement contributions, health premiums and other necessary expenses from the income.
  1. Sharing Time with the Child: The amount of time each parent spends with the child plays a role in determining child support. When a parent spends time directly caring for the child, it is presumed that they are covering the child’s expenses during that period, which may result in a reduced child support payment.
  1. Number of Children: The number of children requiring support is also taken into account when calculating child support.
  1. Tax Considerations: Certain tax factors, such as who claims the child as a dependent are also considered in the calculation.
  1. Other Support Obligations: If a parent has existing support obligations from another relationship this can impact the calculation of child support.
  1. Additional Factors: Health insurance premiums, childcare expenses and any specific needs of the child are also taken into consideration when determining child support.

The state of California provides a tool on its official website that serves as a child support calculator to give you an estimated amount, for your case. However please note that this calculator only provides an estimate. The final determination of the child support order will be made by the court based on all relevant information presented during legal proceedings.

Given the nature and legal complexities involved, it is generally recommended that individuals navigating through this process seek guidance from a family law attorney or a legal expert. This will help them understand how these factors specifically apply to their situation.

How does custody impact the amount of child support?

Let’s imagine you are evenly splitting your time between two homes with a 50% 50% share. In this scenario we refer to the time split percentage as “H%” which is 50. This particular number plays a role in determining child support.

Here’s how it works: You take this 50%. Utilize it to calculate a figure based on the combined incomes of both parents. Then you assess which parent earns money each month and subtract this figure from their income. Following that, you multiply it by another factor denoted as “K,” which essentially represents the sum of both parent’s incomes.

If one parent spends more time with you than the other, typically, the parent who spends less time would be responsible for paying child support. This arrangement makes sense because the parent you spend time with has additional expenses related to your needs. However, in cases where custody is equally split between both parents (a 50/50 arrangement), this concept doesn’t necessarily apply in this manner.

Instead, the court considers the income of each parent when determining child support. If one parent earns more than the other and you spend an equal amount of time with both parents, it is likely that the higher-earning parent will be responsible for paying child support. This ensures fairness as it wouldn’t be equitable for the earning parent to bear half of your expenses despite sharing custody equally. It’s important to remember that child support is primarily focused on ensuring your well-being and isn’t about placing blame on either parent. Ultimately, a judge will make a decision regarding child support based on what’s in your best interest, taking all these factors into consideration. Their goal is to ensure that you are properly cared for at any given time, regardless of which parent you are with.

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If we have 50 50 custody who pays child support?

Usually, whichever parent spends the least amount of time with a child (or the non-custodial parent) is responsible for child support payments. However, courts recognize that requiring a parent to pay 50% of the child support obligation when they earn less than 50% of the combined income could result in financial hardships. 

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