Question:
Getting divorced. Two children. Combined income of $400k ($210k + $190k). Would child support apply given that incomes are close, and kids will split time equally with parents? How much, if so?
Download Our Free Divorce Guide
Answer:
As an experienced Saratoga Family Law Attorney, I am often asked if parents can skip child support. Yes, even in cases of equally shared custody, child support does still apply.
Absent an agreement between the parties (and yes, you are both free to agree otherwise), the court will usually apply the Child Support Standards Act (CSSA) to your incomes. If it is truly a 50/50 situation, the lesser earning spouse would be considered the “custodial” parent for support purposes. In addition to basic child support, parents may be obliged to contribute to certain mandatory “add ons” such as health insurance premiums, childcare necessary to work or attend school, and unreimbursed medical expenses. Those are typically apportioned pro rata. That being said, given the shared arrangement and comparable incomes, the court would have significant discretion to deviate from the CSSA in determining support. There is, however, no guaranteed formula regarding how the court may deviate in your case, as there are many factors to consider. I strongly encourage you to consult with an experienced Saratoga Family Law Attorney to discuss the specific facts of your case.
To get an idea of your possible child support obligation per the CSSA, a chart can be found here. Again, you CAN deviate from this if you both agree, but you will need to articulate the reasons you are deviating from the CSSA in any Order/Agreement.
Are you going through a divorce and concerned about child support? Contact experienced Saratoga Family Law Attorney Jennifer Sunderlin Morton to guide you.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, an experienced Saratoga Family Law Attorney. This does not consent an attorney client relationship.
Download Our Free Divorce Guide
