What Does Joint Custody Mean for Child Support?

One of the most contentious aspects of many family law cases is child custody and the resulting child support payments that will generally be awarded to the parent who will be the primary caregiver. When one parent has primary custody, it’s quite common for that parent to be awarded child support payments so they can financially support the children and ensure they continue to live the same lifestyle to which they have grown accustomed. However, when parents share joint custody of children, determining who has to pay child support isn’t so easy. If you’re currently in the process of a divorce and are struggling to figure out how you will navigate child custody and support, consider speaking with an experienced Irvine child support lawyer to resolve your issues.

You might assume that a 50/50 custody split means that you won’t have to pay child support, but that isn’t always the case. California courts will look to each parent’s income in order to calculate who is responsible for making child support payments, and in situations where one parent’s income is higher than the other’s, that parent may be required to pay child support even if custody is equally shared.

How Child Support Is Determined in California

Child support is a monetary payment that a court orders one parent to pay the other for their shared childrens’ living expenses. Under state law, every parent has a duty to support their children financially until they turn 18 years old according to the parent’s situation and station in life. In other words, the state requires parents to maintain their child’s lifestyle as though the divorce has never occurred. Child support payments are usually court-mandated and begin once the divorce is finalized. 

California has uniform guidelines and a formula for determining how much child support a parent owes. That formula includes determining:

• Each parent’s gross income
• Each parent’s monthly disposable net income (after taxes, health insurance, and other living expenses)
• Each parent’s share of custody and time spent with the children

If the parents have a joint custody arrangement that results in the child spending 50% of their time with each parent, then custody is less of a factor in this calculation but does not absolve the higher-earning parent from having to pay child support payments. For example, in order for one parent to continue to provide a nice lifestyle for their child, they may need additional money to pay rent on a larger home instead of a smaller apartment. In that case, the court would likely award child support to the lower-earning parent so that the child can maintain a comfortable living situation no matter who they’re staying with at the time.

Contact a Child Support Lawyer at Our Firm to Learn More

If you’re currently considering a divorce and would like more information about what will be required of you for child support, an Irvine child support lawyer can help. Contact our office today to learn more.

Frequently Asked Questions

Does joint custody mean no child support is paid?

No. Joint custody reduces the support figure but rarely eliminates it, because the California guideline formula weighs both the timeshare and the difference in the parents’ incomes. Where parents share time equally but one earns considerably more, support still flows from the higher earner, on the principle that the children should experience a comparable standard of living in both homes. Support approaches zero only where the timeshare is equal and the incomes are close.

How does the timeshare percentage affect the amount?

Substantially, which is why it is often the most contested input. The formula uses the percentage of time each parent has primary physical responsibility for the children, calculated across the whole year including holidays, school breaks, and summer. Because the relationship is not linear, a shift of a few percentage points can move the monthly figure meaningfully. That is also why the timeshare should be measured from the actual schedule rather than described in general terms.

Is the timeshare based on the written order or on what actually happens?

On the arrangement the evidence shows is really occurring. Where the actual pattern has diverged from the order, the court can use the actual arrangement, so a parent who has quietly been exercising far less or far more time than the order provides may find the support figure adjusted accordingly. Contemporaneous records of exchanges and overnights are what resolve these disputes, and they are far more persuasive than either parent’s recollection.

Do add-on expenses change under joint custody?

The categories do not change, but the allocation becomes more visible. Employment-related child care and uninsured health care costs remain mandatory add-ons, ordinarily divided equally. Discretionary expenses such as private school, activities, and tutoring are commonly allocated in proportion to income. Under joint custody, duplicated costs also arise, two sets of clothing, two bedrooms, sports equipment in both homes, and the judgment should say explicitly which of those each parent bears rather than leaving it to be argued later.