May 28, 2017

Monthly Misconception for May- “Shared custody means exactly 50%-50% and no child support.”

May 28, 2017

Monthly Misconception for May- “Shared custody means exactly 50%-50% and no child support.”

No, it doesn’t.  In fact, there are two misconceptions here.

First, there is no fixed specific percentage of time that a child must spend with a parent for the parents to share physical custody of a child.

There are numerous parenting plans which result in an exactly equal sharing of parenting time, at least on paper.  But many parents create plans that focus more on child and parental needs and availability than counting hours.  When these plans result in a child having two homes and home bases, lots of time with each parent, and each parent having substantial primary care giving responsibility, a shared physical custody situation can exist even if the time isn’t equal.

Second, unless mom and dad agree otherwise for very good reasons, shared custody, even exactly even time sharing, rarely results in neither parent paying child support to the other.

Our State of Connecticut Child Support Guidelines allows for deviation from the presumptive child support order based upon shared physical custody.  However, the default or general rule is that the parent with the higher income pays child support to the parent with the lower income according to the standard Child Support Guideline formula.

The bottom line – Stop counting overnights or hours when you create your parenting plan and don’t fight for more parenting time just because you think you’ll get a financial break.

Do you need to explore these issues further, taking into account your particular situation?  If so, feel free to contact me via email, lcappalli@cappallihill.com, or telephone, 203-271-3888, to discuss your situation. 

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