Joint Custody Child Support
Questions and Answers

If you have joint custody, child support may still be ordered. This may come as a surprise to some parents who push for shared custody in the mistaken belief that they won't be required to pay child support. First of all, joint legal custody (meaning decisions about the child are made jointly) will usually have no affect on the amount of child support that is ordered. It's in situations of shared or joint physical custody (meaning the child lives with both parent) when the child support issues come up.

Since the basic idea of child support is to provide for the needs of the child, the courts want to make sure that the child is cared for properly regardless of where the child is staying. For example, a parent earning much less than the other parent will probably get some amount of child support to ensure that the child has adequate care while staying with the lesser earning parent. In a situation where each parent has approximately equal income, there may be no child support ordered.

Not all states have provisions for calculating joint custody child support so it's calculated on an individual basis. Some states determine joint custody child support based on the percentage of time the child spends with each parent. The amount of child support ordered and how it is calculated will depend on which state has custody jurisdiction. Below you will find previous questions about joint custody child support that have been answered by the legal advisor:

Does he have to pay support if we have joint custody?
Will he still have to pay child support if we share custody?
How does support work if one child lives with him and two with me?
Would he owe child support if each of us has a child living with us?

Does he have to pay support if we have joint custody?

Elizabeth's Question: Does the man have to pay child support if they have joint custody? If yes why?

Brette's Answer: It depends on what kind of joint custody you are talking about. Legal custody has to do with decision making authority and has nothing to do with child support. Joint physical custody is actually a vague term and what matters is how time is divided. In most joint physical custody situation, the child's time is divided between the parents in a way that means one parent has more time than the other with the child. Child support is payable. If this is a true 50/50 time share, child support is often still ordered to be paid by the parent with more money to the one with less, but there are certainly cases in which none is ordered.

Can I still get child support if we share custody?

Stephanie's Question: I am seeking primary physical custody of our children, as I have been the primary caretaker of the children since they were born. My husband wants joint custody because he wants to avoid having to pay child support. Does it work that way?

Brette's Answer: First of all, you need to understand that child support is almost always payable, even when the parents split their time 50/50. Additionally, most courts do not order a 50/50 split of time because it can be hard for some children and can be logistically difficult. »Return to top

How does support work if one kid lives with him and two with me?

Jen's Question: We have three children, and our oldest chooses to stay with his dad. The younger two will be living with me. How does child support work in this situation?

Brette's Answer: Technically, you would pay him for the one child and he would pay you for the two, but in practicality one is going to be cancelled out so he would owe you for one.

Will he owe support if we each have a child living with us?

Sandra's Question: I am a mother of a 17 year old and a 14 year old. My oldest has moved with her dad two months ago. He is telling me that since one child lives with me and the other lives with him then he owes me no more child support. How true is that? Since my oldest will graduate in a year isn't my ex still required to support my 14 year old?

Brette's Answer: First of all, if there has been a change in custody, you should have an order reflecting that. Child support is then determined based on income, so it needs to be recalculated. If he earns more than you, he may still owe you child support. Once the child living with him ages out of the child support order, then he would still be responsible for supporting the younger child living with you. »Return to top of Joint Custody Child Support

Brette Sember is a former family and matrimonial attorney and mediator, nationally recognized expert, and author of many books including The Divorce Organizer & Planner, No-Fight Divorce, and How To Parent With Your Ex. For more information about Brette, see www.BretteSember.com.

This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice.

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Joint Custody Child SupportQuestions and Answers

Joint Custody Child Support
Questions and Answers