It is essential to point out that the term “in the best interest of the child” has a wide application. It is significantly more than a phrase that courts use to make decisions on a child’s behalf. Parents committed to approaching their divorce with this concept in mind can avoid a lot of unnecessary fighting that prolongs the process. And this is one of the reasons we want to discuss the impact that child custody has on child support payments.
Divorce laws differ by state. When you inform your friends and family about your divorce, they may offer advice specific to their home state. The information you find online (outside of a Florida-based family law attorney’s website!) may not be appropriate to your situation. Because we are located in Florida, the things we talk about are relevant to Floridians going through a divorce. With that said, if a judge awards you 50/50 custody, does that mean no one has to pay child support?
The Factors That Determine Child Support
Custody is a factor, but it is not the only factor. 50/50 custody does not eliminate the possibility of paying child support. When parents split their time with the children unevenly (e.g., 70/30), the parent who spends less time with the child typically has to pay the other child’s support. Some assume that if both parents have equal custody, they are equally responsible for financially supporting the child.
This is an important time to circle back to the concept of doing what is in the child’s best interests. Ask yourself whether fighting for custody because of money contradicts it. It doesn’t. There are several different things that factor into how much someone receives (or pays) in child support, and how much time the child spends with both parents is one of many. The court will look at how much parents make, the standard of living the child is accustomed to, and additional costs associated with raising the child (e.g., the child has special needs and requires frequent medical help).
Florida law states that both parents must support the child, which can appear in various ways. For example, think of two people pursuing 50/50 custody. If one parent makes slightly more money, they may keep the child on their medical insurance (which will likely cost more than a single plan), pay for a private school, and volunteer to absorb any medical costs that insurance doesn’t cover. Then they may not have to pay child support to the other parent each month. In the previous example, insurance, education, and medical bills were factored into the final decision, even though they wanted 50/50 custody.
Settle Your Child Support Issues with C. Alvarez Law
Child support is critical to your child’s financial future. Several considerations factor into child support payments, and we will work with you to ensure your pay (or receive) an amount that is fair and reasonable. Contact the trusted and compassionate family law attorneys at C. Alvarez Law to schedule your consultation.
C. Alvarez Law
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