Who Pays Child Support in Joint Custody? 

The primary concern when determining who pays child support in joint custody is who is most likely to have the ability to afford the payment. The benefits of paying child support include a smoother transition for the children. The payments provide continuity for them, which makes life less stressful for them. They also may help improve the child’s school performance and sense of security. Therefore, the parent with primary physical custody of the child must make at least the minimum amount of child support required by law.

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Co-parents are exempt from paying child support in joint custody 

In Colorado, co-parents are not required to pay child support unless they share physical custody of the child. However, joint physical custody does impact the amount of child support a parent must pay each month. The main child support statute in Colorado is C.R.S. 14-10-115, and the amount of monthly child support decreases incrementally as a parent receives 93 or more overnights per year. If the co-parents share equal parenting time, they may be exempt from paying child support altogether. 

While a parent with sole physical custody is often exempted from paying child support, this arrangement is not the best option. In such cases, the non-custodial parent has limited access or no time with the child and pays both parties for the care of the child. In New York, the non-custodial parent pays child support based on a formula set by the State. 

Modifications can be made by the person paying child support in joint custody 

A parent who is paying child support for a child shared with another parent may be eligible for a modification. Modifications may be granted under certain circumstances, depending on the child’s needs and the payer’s income. However, it is important to note that a modification must be granted in the jurisdictional state where the child resides. In some states, a change in income is not sufficient to justify a modification. 

Changes in income are one of the most common reasons for the modification. If a parent’s income has increased significantly, they may be eligible for an increase in child support. In joint custody, a change in either parent’s monthly gross income can be the reason for a modification. Whether a change in income is positive or negative, a parent’s income will affect the amount of child support. 

Income of both parents 

In a joint custody case, both parents must pay child support. In calculating the amount, the court will look at both parents’ gross monthly income. It does not include the income of stepparents. The court will look at the amount of money each parent is earning and then divide it by the number of children. If both parents have a combined income of $50,000, the child support amount would be $5,100 a month. 

While the custodial parent is usually responsible for paying child support, if the parents share 50/50 custody, they can still ask for child support. In such a case, the court may consider that it is unfair to place all of the financial burdens on the lower-income parent. Therefore, the state will calculate child support in the same way as if each parent had primary custody. In New York, child support is calculated according to the income of each parent. 

Duration of child support payments in joint custody 

The duration of child support payments in joint custody is an important factor in determining how much the parent who has primary physical custody should pay. Generally, the higher-earning parent should be required to pay a portion of the difference. However, the courts have the discretion to order either parent to pay the full amount. In some cases, joint custody can also result in a lower amount of child support. Joint custody can be advantageous for both parents. 

A shared parenting arrangement is common in divorces and separations. In New York, the parent who has primary physical custody of a child is responsible for paying the other parent’s child support. The amount of child support is determined by a statutory formula and includes basic expenses, such as food, clothing, and daycare. The parents may also share additional expenses, such as health insurance premiums and unreimbursed medical costs.