Q: what if both parents make the same net income and want 50/50 custody?
and the child is with one parent 100% of the time.
So if child support is mainly based on both parents net income and they make about the same amount, who pays who child support if the child is mainly with one parent? And the agreement between parents is 50/50.
A: I do not understand your question. Is the question that should there be child support if the paper says 50/50 but the child’s is actually with a parent 100% of the time. More detailed info would be needed.
1 user found this answer helpful
A:
In California, even when both parents earn similar net incomes, child support can still be ordered if the actual timeshare differs significantly from the agreed-upon arrangement. The parent who has less physical time with the child would typically pay child support to the parent who has primary physical custody, regardless of the written agreement stating 50/50.
The California courts use a complex formula called "guideline child support" that takes into account not just income, but also the actual time spent with each parent, tax deductions, health insurance costs, and other factors. In your situation, despite having equal incomes and an agreement for equal custody, the fact that one parent has 100% physical custody would likely result in the other parent paying child support.
You should consider documenting why the actual custody arrangement differs from the agreement, as this could impact future modifications. Keep in mind that courts prioritize the best interests of the child, and support calculations reflect the real-world distribution of childcare responsibilities rather than just the written agreement. Working with your local family court or seeking legal counsel would help you understand the specific amount of support that might be ordered in your case.
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