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Child Support and Split Custody: The nature of the problem
Child Support and Split Custody raises several issues. When each parent has custody of one of the children, the child support calculations may have to involve an offset. It’s a situation that might seem straightforward at first glance, with some assuming that it means neither parent would have to pay child support to the other. However, the reality is a bit more nuanced than that. The way it’s handled is by calculating the child support obligations for each parent and then comparing the figures to see if they balance out. Remember, child support can be complex and the state has an overriding interest.
Child Support and Split Custody: Some examples
Let me share a couple of examples of Child Support and Split Custody to illustrate how this works in practice.
Take, for instance, a scenario where there are two children. Let’s say Mom and Dad each take custody of one child, and both parents have an annual income of $50,000. In this case, instead of the child support obligation being 25%, it’s adjusted to 17% for each parent towards each child (here’s an article on the child support calculations). So, Dad’s financial obligation to Mom would be $8,500 for the child in her custody, and vice versa. Since the amounts are equal, no money actually changes hands. This child support and split custody scenario is very simple and, unfortunately, the least common.
Now, let’s consider a different situation. Again, we have two children with each parent taking one, but this time Dad earns $75,000 a year, while Mom earns $50,000. Dad’s child support payment to Mom would be $12,750, and Mom’s to Dad would be $8,500. This leaves a difference of $4,250, which, logically, Dad would pay to Mom. However, it’s worth noting that Dad’s attorney might argue for a credit given Dad’s custody of one child. While there is some support for this argument, I’ve observed courts that choose not to grant such credit.
Child Support and Split Custody: Can Support be Waived?
It’s quite common for agreements in split custody situations to stipulate that no child support payments are to be exchanged. Yet, it’s important to understand that courts will only approve these agreements if the financial obligations are balanced. I once handled a case where the father was awarded custody of two children and the mother custody of one. The mother, earning more than the father, led us to negotiate “add-ons” or additional out-of-pocket expenses she was covering, which justified a no-payment arrangement.
Child Support Waiver and Modification
A particularly intriguing Family Court decision highlighted this issue. The case involved couple who had split custody and waived support from each other. The father following an economic downturn, saw his income drop from $95,000 to $32,000. He sought child support from the mother, who was earning $164,000, for the child now in his custody. Despite the significant income disparity, the judge denied the father’s request. The rationale was that the mother had already provided substantial support by purchasing a car for the child, covering gas, auto insurance, the child’s cell phone bills, and medical coverage. Therefore, the court determined the father was not entitled to additional child support.
These examples serve to underscore that child support calculations, particularly in scenarios where custody is split, are complex and highly dependent on the specifics of each case. The courts take a comprehensive view of the parents’ financial contributions towards their children’s well-being, beyond just the basic income comparisons.
If you find yourself navigating this complex terrain, remember, that it’s crucial to consult with a legal professional who can help you understand your rights and obligations. At Port and Sava, we’re dedicated to guiding you through these challenges, ensuring that you and your children’s best interests are protected. Remember, we’re here to help you move forward with the rest of your life.
Call (516) 352-2999 for a free 15 minute telephone consultation.
