How Does Joint Custody Work With Child Support?

How Does Joint Custody Work With Child Support

During a divorce hearing, the court will award child custody to one parent by considering various factors. However, if both parents mediate and decide to have joint custody, the court will instead assign the responsibility for parenting to both of them.

Typically, the non-custodial parent must pay child support since they spend less time with the custodial parent. Well, child support is considered to replace the child’s time and needs when they’re not with their child.

But what about joint custody? Does child support remain the responsibility of one or both parents? If you’re currently dealing with a divorce and intend to seek joint custody, it’s important for you to know how joint custody works, who has to pay child support, and what the benefits are for you.

Okay, let’s get started!

What is Joint Custody?

Joint custody refers to a parenting arrangement that allows both parents to share physical custody and participate equally in the child’s life.

Well, physical custody is determined based on the child’s needs, the parent’s schedule, and housing arrangements. It may also involve decision-making authority regarding the child’s upbringing, health care, education, and welfare.

Essentially, joint custody promotes shared responsibility for the overall well-being of their child. It will also emphasize parental duties and legal custody. In a case of full joint custody, both parents have equal responsibility in making decisions and controlling physical custody of their children.

How Does Joint Custody Work with Child Support?

Joint custody allows both parents to have equal rights as parents in a parenting plan that is determined by a family law court. But if both parents have agreed on their own, the help of a family law attorney can be enough to make a parenting arrangement.

Also, joint custody lets parents have shared responsibility for decision-making. These involve a variety of important matters, including child support. Well, the child support will talk about the child’s needs in detail.

By definition, child support is a payment that one parent makes to the other parent to meet the child’s financial needs, including food, clothes, education, health care, housing, recreation, etc. Child support is determined by the court to meet the interests of the child as well as provide maximum security for the child.

Conceptually, child support in joint custody is that both parents are responsible for the financial support of their children, both while they are living together and while they are currently separated.

In most states, like Florida, parents must pay child support until the child turns 18. But if the child turns 18 before graduating from high school or has special needs, the payments can extend beyond that age.

In addition to child custody, joint custody will also include the following:

    • Joint decision-making regarding the child’s education, health, care, and religion.
    • Determination of the amount of time the child will spend with each parent.
    • Time allocation regarding which parent will live with the child most of the time or split the time; it could be 50/50.
    • Joint decisions about vacations, holidays, etc.

Who Must Pay the Child Support in Joint Custody?

The issue of child support in joint custody cases is quite simple, where the responsibility of both parents regarding meeting the child’s needs will be automatically shared. That means both parents contribute to paying child support.

However, the amount of child support they should pay will depend on various factors and circumstances, and this varies from one jurisdiction to another. Some jurisdictions even use a formula to take into account each parent’s income and the percentage of time that the child spends with each parent.

Several factors that determine the payment of child support include:

  • The financial situation of each parent

There is no doubt that the income of each parent is the primary consideration for judges when it comes to child support payments.

To be fair, the parent with the higher income should pay more child support for the child’s needs, such as paying for education, school supplies, and other activities. While the parent with the lower income may cover less of the child’s needs.

Regardless of which parent pays more, both parents can still spend the same amount of time with their child. Basically, this is to ensure that their child benefits from both parents’ incomes.

The following are items included in a parent’s income:

    • Salaries and wages, including overtime, tips, commissions, or bonuses
    • Second job income
    • Self-employment income
    • Investment and interest income
    • Trusts, estate, or annuity income
    • Veterans and Social Security benefits
    • Workers’ compensation
    • Unemployment benefits
    • Alimony/spousal support

It’s important to note that not only parents’ income, but the expenses must also be considered. Based on the amount of income and expenses, the judge can decide the division for the amount of child support payments.

  • Percentage of time spent with each parent

In joint custody, the parent who spends less time with their child may have to pay more child support. However, the parent who spends more time will take care of all the child’s financial needs when the other parent is not caring for their child.

  • Extra expenses

In addition to basic needs such as daily food costs, child support is usually used to pay for extra expenses for a child, such as medical expenses, private school fees, or special needs.

Okay, those are a few factors that influence decisions regarding the amount of child support payments. As time goes by, the laws and procedures about child support in joint custody may change. Sure, if you find it hard to deal with child support in joint custody, it’s best for you to consult with a family law attorney to get advice based on your specific situation.

Can One Parent Modify the Child Support Payment in Joint Custody?

Due to some specific situations, such as changes in employment status or even job changes, one parent may need to modify the amount of child support you pay. Depending on your jurisdiction, you may have to show substantial change to change the amount after you make a request.

Can You Challenge the Child Support Amount Decided?

Of course, yes.

If you believe that the amount of child custody is not fair, you can appeal the amount. But be sure you do so before the child support order is enforced. When you ask for an adjustment to the amount of alimony, the court may consider:

    • Income of each parent, both custodial or non-custodial parent.
    • How the joint property is divided.
    • Education costs
    • Child support that has become the responsibility of the parent to other children.
    • Union deductions and mandatory pension
    • Any agreement made by both parents regarding child support.

In some joint custody cases, determining the amount of child support each parent should pay can be very complicated. If necessary, you can seek the help of a family law attorney who specializes in this area, so they can help you get a fair and appropriate amount.

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