i have 50 custody of my son and there still taking child support. do i still have to pay when i have 50 custody? if so why?

Question

i have 50% custody of my son and there still taking child support. do i still have to pay when i have 50% custody? if so why?

Answer

First, if there is a court order saying how much you pay in support, the order continues in effect until someone asks the court to change the order.

Second, the amount of support is based on the income of each party and on the amount of time each party spends with the child. If your income is higher than your ex-spouse's, you would probably still be liable to pay support even if each of you has 50% custody.

You may be entitled to a reduction in the support based on the new custody arrangement.

Douglas A. Crowder, Esq.

Crowder Law Center

350 S. Figueroa Street # 190

Los Angeles, CA 90071

Tel. 800-455-1592

Fax 877-772-7094

Answer

Differential income or other financial circumstances results in a net payment when custody is 50/50. The mandatory guideline support formula that is run in the Dissomaster software, calculates "spendable" income and then allocates a portion to supporting the child(ren). It then assumes that the percentage of time the child is with each parent is the percentage of the income portion that is spent while the child is with the parent, and awards the remaining percentage as support. It does that in both directions and then figures the net payment. So if it figures you should be spending $1000/mo supporting your child, and calculates that your ex should be spending $800/mo because they make less or have more qualifying deductions, and you have 50/50 custody, it figures you are spending $500 at home and owe $500 while they are away, and the ex spends $400 at home and owes $400 while they are with you. That results in a net payment from you to the ex of $100/mo. Now if you had 75% custody, and the ex 25%, even though you made more, it would result in the ex owing you net support. This is because you would be presumed to be spending $750/mo at home and owe $250 while the ex has the kid(s). The ex would be presumed to be spending $200 at home and owe $600 while you have the kid(s). That would result in the ex paying $350/mo even though they are the lower earner. Only if the formula results in you each having the exact same spendable income, AND 50/50 custody, OR if the spendable income differential and the custodial time differential is exactly the same, is there zero support paid either way.