If we have joint custody does that mean my ex doesn't have to pay child support?
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No, joint custody does not automatically mean your ex is exempt from paying child support.
Understanding Joint Custody:
Joint Physical Custody: This means the child spends significant time with both parents. It does not always mean a 50/50 split—it could be 60/40, 70/30, etc.
Joint Legal Custody: This means you both make important decisions about the child's life, but it does not affect financial responsibilities.
Child Support is Based on:
Income of Both Parents: Even with joint custody, if one parent makes significantly more than the other, they may be required to pay child support.
Time Spent with the Child: Courts look at the number of overnights each parent has.
Child’s Needs: Health care, education, special needs, and general living costs are considered.
Example Scenario:
If you have joint custody and the split is 50/50, but your ex earns more, they may still owe child support to balance out the financial needs of the child.
Conversely, if you earn more and have 50/50 custody, you might owe child support instead.
Key Point:
The purpose of child support is to equalize the financial support for the child, not to penalize a parent. Even with joint custody, one parent may still be responsible for payments to ensure the child’s needs are met in both homes.
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