Joint Custody Child Support in California: Who Pays?

Who Pays Child Support in 50/50 Custody Cases?

Joint custody is court-granted guardianship for both of a child’s parents and child support is a court-ordered monetary payment that one parent must pay the other to share the expenses of raising their child. Here is what you need to know about who pays for child support in joint custody cases in California.

In joint-custody cases, the two main factors taken into consideration when determining who will pay child support and the amount they will be ordered to pay are:

a parent’s income
the amount of time they spend with the child

Joint Legal Custody, Sole Physical Custody: Non-Custodial Parent Pays Child Support

In cases where parents share legal custody of their child but one parent has sole physical custody, the parent with whom the child does not reside will be expected to pay child support. A parent who does not have their child living with them is still expected to contribute to the costs of raising and housing their child. The amount of money a noncustodial parent is expected to pay will differ based on their income, as well as the custodial parent’s income. The child support agreement can be reached between the two parents and taken before a judge, or can be determined in court if both parents cannot or will not reach an agreement on their own.

Joint Legal and Physical Custody

Both parents agreeing to share legal and physical custody of their child (50/50 custody agreement) does not mean that neither parent will be expected to pay child support. In joint physical custody cases, one parent will still pay child support; however, the difference is the factors taken into consideration when determining which parent will pay child support. In cases where a child lives with one parent, the other parent is the one who pays child support. However, in cases where a child lives with both parents, whether it be half the time or not, the court cannot automatically ask one parent to pay child support because the cost and responsibility of raising and housing the child is more evenly distributed.

Factors That Affect Child Support in Joint Legal and Physical Custody Cases

California’s Family Code 4055 establishes that a parent’s income and the amount of time they spend with their child (including the amount of time a child resides with them) are the two main factors taken into consideration when determining child support. In joint legal and physical custody cases, unless the child’s parents specify the amount of time a child currently does or will reside with a parent, the court will assume a 50/50 time split as per the 50/50 custody agreement arrangement. Under California law, even if a child lives with both parents an equal amount of the time, the parent with the higher income will be expected to pay child support. Parents can use the online calculator provided by California Child Support Services to estimate the amount of child support that they will be expected to pay. The amount that is given by the calculator is what a court will most likely uphold, but can be increased or decreased depending on:

If both parents express that they would like to deviate from the amount provided.
If a parent’s financial support of their child does not correlate with the amount of time they spend with their child.
- In joint custody cases, the court is under the impression that both parents will take part in housing and raising the child; child support is not automatically made one parent’s responsibility.
- Typically, the less amount of time a parent spends with their child, the greater the financial responsibility they should expect. The financial responsibility will still be proportional to their income.
If there is a difference in the costs of maintaining each home.
- If a parent has a significantly greater burden with paying their mortgage or upholding their home, their cost of living increases, as does their need for more disposable income. Courts will take into consideration a parent’s living expenses and neighborhood when determining/adjusting child support.
If a parent has another child custody agreement and child support that they must pay.
If a child has special medical, educational, or other needs.

FAQS

Does having custody of my child mean I do not need to pay child support in California?

If you share joint physical custody and you are the higher earner, then you will most likely be expected to pay child support. This is due to California’s child support laws being based on both parents supporting their child financially and in proportion to their income.

If I have joint physical custody, but it is not a 50/50 split, do I still need to pay the amount of child support shown by the calculator?

The amount of child support shown by the calculator will reflect the information you put. If you put that the child would reside with you and the other parent half of the time, then it will reflect that. However, if the child is residing with you more than the other parent, you may be able to request more child support from the parent.

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If you would like to know more about who pays child support in joint custody, get your free consultation with one of our California Family Law Attorneys today!