If you share joint custody of your child with the other parent, you probably view this as having equal amounts of time with the child. However, you should be aware of the fact that state laws actually dictate whether or not you will receive child support, and how much you are entitled to. Even though joint custody usually means that you will spend equal time with your children, you may still be entitled to child support. Joint physical custody arrangements have a direct impact as well.
Income Model
Something called the “income shares model” helps determine child support in California. This means that child support is largely based on a percentage of the combined income of the parents. If a parent makes 67% more than the other parent, then they technically owe 67% of the child’s expenses, and child support could become a factor. The parent who owes support is known as the “obligor” and must pay support equal to a percentage of their income. Sometimes, courts will not take into consideration the factor of shared parenting time, but often times they do.
There are 365 days in a year which means that, if you are sharing time with the child on a perfectly equal level, you would have 182 overnights and the other parent would have the same. In many states, the state will dictate that significant overnights with the child shows whether or not the parents have a joint physical custody schedule. The number of overnights that parents have with the child helps determine how much support should be given. If the obligor has many overnights, this means that they will probably owe less as they are also paying for the child in equal amounts.
From state to state, the rules of child support vary. We are well-versed in California custody and child support laws, which is why you should give us a call if you need help with your case. At The Law Offices of Amy M. Montes, we care about your case. Call us for more information.
