Hello World! Welcome Friends! Child custody is often a contentious topic for parents. After all, the decisions made during these negotiations will establish how often each parent sees their child.
Understanding how your custody schedule will affect your right to child support or your need to pay for it is vital in your case. Remember, while you may agree to share custody, the amount of time you spend with your child may influence your support obligations.
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Does Joint Custody Negate Child Support Obligations?
Joint custody doesn’t negate child support, which is something many people are surprised to find out. Even if you and your ex-spouse were to split custody 50/50, the reality is that you or the other parent will still be asked to pay child support. Of course, you can negotiate on your own to decide if that is necessary, but if you go to court, the judge may rule that you and your ex needs to pay.
Why would one parent still owe money when they’re on a joint custody schedule? The main reason is because it’s unlikely that both parents will be in the same financial situation. For example, if you are only earning $50,000 while your ex earns $100,000, they may be asked to pay support to help make up a little bit of that difference and to help your child live more comfortably in both homes.
Your Income Makes a Difference with Child Support Obligations
Your income does matter. If you and your ex-spouse earn the same money and share custody 50/50, there is a chance that you could wipe out the need for support. However, it’s more likely that one of you will earn more and have a more stable home environment. Since that is the case, the person who earns more will usually have to pay support.
How Often You Take Care of Your Child Influences Child Support Obligations
It does matter how much you take care of your child when child support is concerned. If you watch your child 80% of the time, then the other parent may be expected to pay support. The amount of time you watch your child won’t guarantee that you’re the person receiving support, though. For instance, if you watch your child 80% of the time and earn $150,000 annually while the other parent watches your child 20% of the time and earns $40,000, you may end up paying some support to help guarantee that your child has what they need in the other home.
The Time You Spend with Your Child and Other Factors All Have Influence
There are dozens of factors that will influence whether or not you have to pay support or if you can receive it. The amount of time you spend with your child is one aspect of the decision, but other factors, such as your child’s medical needs, your income, the other parent’s income, the cost of daycare, the cost of medical care and any available tax deductions may also play a role in the outcome during your case.
How Can You Avoid Paying Child Support?
If you want to avoid having to pay child support, fighting for more custody time may help. The more often you see your child, the less likely it is that you’ll need to pay support. For example, a parent with full legal and physical custody will likely not pay support, while the parent without custody and with only visitation rights will need to pay.
Covering extras may help as well. For instance, if you put your child on your health insurance or you pay for their extracurricular activities out of your own pocket, then those issues may affect if the court believes further support is necessary.
How Can You Ask for Child Support?
In most states, it’s easy to calculate how much child support is needed based on state guidelines. However, not all states have these guidelines, and some states have varied laws applying to support payments.
If you are litigating your case, then you should build up strong evidence of needing support as well as showing that you are in the right position to take on a greater portion of custody. Being a primary caretaker makes it less likely that you’ll need to pay child support.
On the other hand, if you are mediating or using collaborative divorce methods, you may want to talk directly with your spouse about the need for support. For example, if you are the lesser-earning parent and are willing to watch your child more often, you may ask that they pay a reasonable amount of child support to make sure that your child’s home life is stable with you. Even if you’re the parent who earns more, if you are able to care for your child more often, the lesser-earning parent may need to pay support. You might ask that they place your child on their health insurance coverage or that they send money into a college fund if the money isn’t necessary in your day-to-day life.
It isn’t always easy to know if you’ll need to pay child support or if the other parent will be ordered to pay, especially if your situations are similar. It’s worth taking some time to talk to your attorney and to learn more about the laws in your area. Negotiating can impact your custody case, so you need to do what is right for you and your child.
A Greeley child custody lawyer can help you understand your rights as you work through custody negotiations. With the right help, it’s easier to make decisions that will be beneficial in the future. Remember, you need to do what is in the best interests of your child, so that they can grow up healthily and happily.
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