Can we agree to shared custody in our divorce and neither party pay any child support? Shared custody is when both parents agree to share equal custody of the child. This generally means that the child spends an equal amount of time with both parents. Many people refer to this as a 50/50 schedule where you split the custody directly in half. This type of custody involves a significant amount of co-parenting and requires that both parents agree on the terms of the custody. Generally, this type of custody in a Jefferson County uncontested divorce includes the parents sharing the normal parenting responsibilities such as making sure that the child has the proper care. This includes making sure that the child makes it to and from school, making sure that the child has adequate access to healthcare, and generally splitting most of the costs associated with raising the child.
However, just because you and your spouse have agreed to joint custody does not mean that you are released from paying child support. Generally, even where there is shared custody the court will still order that one parent must still pay child support. However, if there is an instance of shared custody then it is fairly likely that the amount of child support to be paid will be less than if one parent has primary custody. There are certain circumstances where the parents spend the same exact amount of time with the children, and both of the parents make the same amount of money. In these instances, there is a chance that a court will not order either of the spouses to pay child support. However, this is very unlikely unless done by an agreement in an easy online divorce in Jefferson County, Alabama.
Calculating child support in a divorce where the couple agrees to shared custody is quite different from calculating child support where one spouse has primary custody. The court must consider the amount of income that each parent brings in. The court must also consider the amount of time that the child is spending with each parent. Often the time spent with the parent plays a significant role in deciding who will pay child support and how much is ordered to be paid.
In conclusion, it is possible that you can have shared custody over your child and neither of the parents have to pay child support. However, this is not always the case and isn’t common in most circumstances. Generally, the court will consider a number of factors such as: the income of the parents; the time spent with each parent; and the financial needs of the child. It is best to contact a Birmingham divorce attorney to see what your options are before expecting to be awarded this kind of arrangement very easily.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!