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 splitโ€”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:

  1. 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.

  2. Time Spent with the Child: Courts look at the number of overnights each parent has.

  3. Childโ€™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 childโ€™s needs are met in both homes.


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