Each parent has a legal obligation to support their children, even if they are not currently living with them. But determining the exact amount you will pay is complicated. North Carolina’s child support guidelines require precise calculations involving dozens of numbers.
Joint custody has increased in popularity, allowing each parent to spend considerable time with their children. This arrangement will impact the child support calculation, but it is not the only consideration. Call Remington & Dixon to speak with a Charlotte child support lawyer. Below, we review how joint custody child support works. You should contact our firm directly for assistance with the specific facts of your case.
Myth: Neither Parent Pays Child Support when They Have Joint Custody
We don’t know where this idea came from. One parent typically pays child support when parents have joint custody. In North Carolina, joint custody simply means both parents have at least 123 overnights with the children. In other words, custody can be “joint” even if there isn’t a 50/50 split.
North Carolina’s child support guidelines also consider other equally important factors. Let’s look at them in closer detail.
If You Have Joint Custody, Who Pays Child Support?
The state’s child support guidelines answer that question by looking at the following factors.
Each Parent’s Monthly Income
The court will look at each parent’s adjusted gross income. Remember, North Carolina does not consider stepparent income. Instead, we look at only the income for each parent. The courts in North Carolina will combine the incomes of both parents.
For example, suppose the mother makes $4,000 and the father makes $6,000 a month. The parents have $10,000 in combined gross income. The court will use this number to determine the basic support obligation. Currently, it is $1,292 for one child, but it increases to $2,247 a month if they have three.
Custody Schedule & Number of Overnights
The court then needs to divide this basic support obligation between the parents. First, the basic support obligation is multiplied by 1.5 when parents have shared custody. So $1,292 will become $1,938.
The court then divides the basic support by each parent’s contribution percentage and how much time the children spend with each parent.
If you have 50/50 custody, who pays child support?
In the above example, the parents have a combined income of $10,000, with Mom contributing 40% and Dad contributing 60%. If the children spend an equal amount of time with each parent, then Mom should be responsible for 40% of the basic support obligation, with Dad responsible for 60%.
In short, Mom is responsible for 40% of $1,938 ($775.20) and Dad is responsible for 60% ($1,162.80).
The court then determines the support obligation for the time with the other parent based on a percentage of overnights. There are 365 days in a year, so the split is never 50/50. If Mom has 182 overnights, she has 49.86% of the nights. Dad would have 50.14%.
Mom’s obligation ($775.20) is multiplied by .5014, to account for the time the child is with Dad, which gives her $388.66. Likewise, Dad’s amount ($1,162.80) is multiplied by .4986 to account for the time the child is with Mom, which gives him $579.81.
To determine who pays joint custody child support, you subtract the smaller number from the larger. In this example, Dad will make a monthly payment to Mom, at least until the facts change. As you can see, the fact that parents have joint custody is not the sole factor involved when calculating child support.
What if Joint Custody is Not 50/50?
These calculations get even more complicated when parents do not have a 50/50 split. Remember, you can have “joint” custody if one parent has at least 123 overnights. That’s one-third of the year. Instead, Parent A could have the children for 140 nights while Parent B has them for the remainder. The court will need to use this percentage to determine each parent’s contribution.
Other Considerations
Some other factors can influence the amount of child support a parent pays. These include whether they are supporting other children, as well as any special needs the child has. Some considerations include medical expenses or unusual educational expenses. These are also included in child support.
Bottom Line
The bottom line is that either parent could end up paying child support, depending on each parent’s relative incomes and how overnights are divided between the parents. It is possible for one parent to have a higher income and primary custody and still need to pay child support to the other. It all depends on the facts of the case.
For assistance in understanding your specific situation, contact Remington & Dixon. We can pull out the guidelines and determine how much you are likely to pay or receive. Instead of trying to do the math with an online calculator, you can easily obtain detailed information about your obligations from a qualified attorney who can also represent you in court.
Speak with a Child Support Lawyer in Charlotte
Child support payments represent a meaningful expense for most of our clients. It is critical not to pay too much in child support or to receive too little. Once the court sets a child support order, it is not easily modified, so it pays to speak up for your interests now. Contact Remington & Dixon, PLLC, today to schedule a time to speak with an experienced lawyer in a private consultation with our office.
