If You Have 50/50 Custody Do You Pay Child Support in California?

50/50 Custody and California Child Support

In California, whether or not you pay child support with a 50/50 custody arrangement depends on several factors, including the income of both parents, the amount of time each parent spends with the child (despite the nominal 50/50 split), and other expenses related to the child’s upbringing.

When you get divorced in California you have to make a lot of decisions about your future. If you have children, you’ll be required to make important decisions that will directly affect their lives. Child custody and child support are two primary areas that must be settled before a divorce can be finalized. Many parents make the mistake of assuming that if parents share custody, neither parent pays support. However, even in cases of joint custody, one parent may pay support.

Custody Decisions in California Divorces

California prefers that parents agree to share joint legal and physical custody of their children. This type of arrangement allows children of divorce to remain in frequent and continuing contact with both parents, which is believed to be in their best interest. The best possible scenario would be one in which both parents share 50/50 custody of the kids, allowing each parent an equal share of visitation rights. As a result, the kids split their time evenly with both parents.

The state uses a guideline calculator to determine child support, which considers:

• The income of both parents
• The amount of time the child spends with each parent
• Tax filing status of both parents
• Support of children from other relationships
• Health insurance expenses
• Mandatory union dues and retirement contributions
• Other relevant costs

Even in cases where physical custody is split 50/50, one parent may still be required to pay child support if there is a significant disparity in income between the parents. This is because the law aims to ensure that the child maintains a consistent standard of living in both households.

If both parents have similar incomes and share equal time with their children, the child support payments may be minimal or waived by the court, but this is determined on a case-by-case basis. The court’s primary concern is the best interest of the child, which includes financial support for their well-being.

Sharing 50/50 Custody and Child Support

Yes, you can still request child support if you share 50/50 custody. In cases where parents have an income disparity, the court may order child support. Where one parent makes more than the other, the court may believe it’s not fair to the children to rely on the lower-earning parent’s income alone while in their care.

In most cases of joint custody, the court calculates child support as if each parent has primary custody. They determine what each parent would pay if they were the paying parent.

A court can consider the income and earning potential of both parents and order the spouse with the higher income to pay child support. This may seem counterintuitive since child support is typically thought of as a tool to ensure that both parents remain active in caring for their child’s needs. The custodial parent is often not responsible for child support because they are physically present in their child’s life for the majority of the time and have daily out-of-pocket expenses in caring for that child. Support payments help to ensure that the non-custodial parent is meeting his or her parental obligations to care for their child.

Why would a parent who enjoys 50/50 custody be required to pay child support?

The answer comes down to finances. If that parent earns significantly more than the other parent, it may be necessary to require that parent to pitch in more, financially. Placing an equal financial burden on both parents may not be realistic and could create an undue burden on the lesser-earning parent.

FAQ: 50/50 California Custody and Child Support

Who claims the child on taxes with 50/50 custody in California?

In California, the parent who claims the child as a dependent on their taxes in a 50/50 custody arrangement is typically determined by agreement between the parents or, if they cannot agree, by court order. The IRS generally considers the parent with whom the child spent more nights during the year as the custodial parent for tax purposes. However, the custodial parent can waive their right to claim the child, allowing the non-custodial parent to do so instead, by providing a written declaration (IRS Form 8332).

Does California favor 50/50 custody?

California does not automatically favor 50/50 custody arrangements. However, the state’s family law courts are guided by the principle of ensuring the health, safety, and welfare of the child and ensuring frequent and continuing contact with both parents. Courts consider 50/50 custody as one of the options to achieve this, especially if it’s in the best interest of the child and both parents are capable of providing a stable and supportive environment.

Does a custodial parent have to pay child support in California?

Even in cases where there is a custodial parent, they may still be required to pay child support if there is a significant disparity in income between the parents. Child support is calculated based on both parents’ incomes, the amount of time each parent spends with the child, and other factors to ensure that the child’s living standards are maintained.

Can a parent move a child out of California if both parents have 50/50 custody?

If both parents have 50/50 custody, neither parent can move the child out of California without the other parent’s consent or a court order. Relocating with the child in such cases is considered a significant change in circumstances, requiring a modification of the custody order. The court will consider the child’s best interests before allowing the relocation.

What are the chances of a father getting 50/50 custody in California?

The chances of a father getting 50/50 custody in California depend on various factors, including the father’s ability to provide a safe and stable environment for the child, the child’s relationship with both parents, and the parent’s willingness to cooperate. California courts do not discriminate based on gender; they focus on the best interests of the child.

Can a parent move out of state with joint custody in California?

A parent cannot move out of state with the child without the other parent’s consent or a court order, even with joint custody. The court will review the proposed relocation, considering its impact on the child’s relationship with both parents and whether it serves the child’s best interests.

Can I claim my child on taxes if I have 50/50 custody?

Yes, but only one parent can claim the child as a dependent in a given tax year. This is usually determined by agreement between the parents or, if necessary, by the court. The custodial parent has the right to claim the child but can allow the non-custodial parent to do so by providing a signed IRS Form 8332.

What happens if 2 parents claim the same child on taxes?

If two parents claim the same child on their taxes, the IRS will apply tiebreaker rules. Generally, the child will be treated as the qualifying child of the parent with whom the child lived for the longer period during the tax year, or if the child lived with each parent for an equal amount of time, the parent with the higher adjusted gross income.

How does the IRS know who the custodial parent is?

The IRS considers the parent with whom the child spent the most nights during the tax year as the custodial parent. This determination is based on the information provided in the tax returns and any relevant documentation, such as a court order or Form 8332, indicating which parent is entitled to claim the child as a dependent.