Joint custody arrangements have become very common as many are aware of the involvement of both parents in raising children and their present in their lives. This kind of custody often raises questions about the child support obligations. One of the things that many want to know is whether or not joint custody means no child support. So, does joint custody mean no child support?
Overview of Joint Custody
Joint custody is described as an arrangement where both parents share legal and or physical custody of their children. It makes it possible for two parents to actively take part in the life of the child. Both of them can share responsibility for the overall wellbeing of the child.
There are two kinds of joint custody, as follows:
-
- Joint legal custody: In joint legal custody, both parents share equal rights in making major decisions for their child, including the ones that are related to education, healthcare, welfare, and religious upbringing. Usually, they also have the same access to their educational and health records. It should be noted that this kind of joint custody does not affect child support.
- Joint physical custody: In joint physical custody, the child spends a significant amount of time living with both parents, though the time may not be exactly equal. However, there is still one parent who has full physical custody, meaning the other one has visitation privilege.
Overview of Child Support
Child support is defined as a financial obligation that guarantees both parents that they can take part in the financial well-being of the child. This kind of support is usually given by a noncustodial, divorced parent to their child, which is usually through the other parent or the parent that takes care of the child the most. It can be used to pay for many kinds of expenses, such as food, clothing, housing, healthcare, entertainment, and transportation. With it, a child will be able to live in a stable and secure environment, even though their parents are no longer together.
According to several dictionaries, child support is as follows:
-
- “Court-ordered payments, typically made by a noncustodial divorced parent, to support one’s minor child or children.” – Oxford Languages Dictionary
- “Payment for the support of the children of divorced or separated parents while the children are minors or as otherwise legally required.” – Merriam-Webster Dictionary
- “Money that someone gives the mother or father of their children when they do not live with the children.” – Cambridge Dictionary
- “Child support refers to the sum that the noncustodial parent must pay to the custodian. This sum serves as a parental contribution for the child’s basic living expenses, such as food, clothing, shelter, health care, and education.” – Cornell Law School
- “Money paid for the care of one’s minor child, especially payments to a divorced spouse or a guardian under a decree of divorce.” – Dictionary.com
- “Court-ordered funds to be paid by one parent to the custodial parent of a minor child after divorce (dissolution) or separation.” – Law.com
Child Support in Case of Joint Custody
For anyone who is wondering if joint custody means no child support, the answer is no. Joint custody does not mean no child support. In other words, it does not automatically eliminate the need for child support. Even in the cases of joint custody, one parent may still have to pay child support, which is usually the noncustodial parent or the one with higher income. In cases where both parents share expenses equally and have similar incomes and the child spends an equal amount of time with both, it is possible for child support payments to be reduced or even eliminated. Besides, reduction or elimination of child support payment may also happen if there is a mutual agreement between two parents. Basically. Both parents agree that neither will pay child support as they are willing to share the financial responsibilities equally. If it is in the best interest of the child and both parents can afford this thing, courts usually allow it.
Factors that Influence Child Support in Joint Custody
There are several factors that influence the child support in joint custody, such as:
1. Income of both parents
The income disparity between the two parents is one of the most important factors that influence the child support in joint custody. If one parent earns more money compared to the other, that individual may be required to pay child support so that the needs of the child can be fulfilled in both households.
2. Percentage of time spent with each parent
As stated before, joint custody does not mean both parents have equal amount of time to spend with their child. In fact, there will still be a parent that gets the chance to spend most time with them. The percentage of time the child spends with each parent will be considered by the court when determining child support. If one parent gets more time to be with the child, the other one may be required to pay child support in order to balance the financial responsibilities.
3. Expenses and needs of the child
The financial needs of the child, such as education, healthcare, extracurricular activities, and living expenses will be considered by the court. Regardless of the custody arrangement, these things should meet. These costs should be covered by both parents. However, the division of these things can impact whether or not child support is ordered.
4. Number of children
Courts will also consider the number of children when determining child support. The more children the parents have the more money needed to raise them.
5. State guidelines and formulas
Depending on the state, guidelines and formulas for calculating child support may vary. Usually, it is based on a few factors such as income of the parents, custody arrangements, and certain needs of the child. In some states, the Income Shares Model is used. This one estimates the total cost of raising a child and divides it between the parents based on their income. Aside from this kind of model, the Percentage of Income Model is also used in some other states. It is where the noncustodial parent has to pay a percentage of their income to support their child, including in joint custody cases.
Failure to Meet Child Support Obligations
If a parent who requires to pay child support fails to do it, they should be ready to face legal consequences because there are some states that have this kind of law. The example is Georgia. In this state, child support enforcement is taken seriously in order to ensure children receive the financial support they deserve to live. If a parent fails to pay child support in this state, they will get punishments, such as substantial fines and penalties, suspension of driver’s licenses, wage garnishment, and even criminal charges. If they pay late, they will have to not only pay the original amount but also the additional interest.
Adjusting Child Support
Apparently, child support orders can be modified over time as circumstances change. It is possible for the child support order to be revisited by the court in cases such as when either parent experiences a significant change in income, there is a change in the custody arrangement, and so on. While it is possible to be adjusted, it is worth noting that it should have the best interests of the child in mind and it should focus on maintaining their well-being.
Bottom Line
In conclusion, joint custody does not automatically mean that no child support will be required. The main focus is the best interest of the child and in order to provide it, child support is needed. The situation may vary from one case to another. In order to find out what to expect in terms of child support under a joint custody arrangement, parents are recommended to understand the laws in their state and discuss it with their attorney.
