Is Child Support Necessary When Parents Share Custody?

Question:

Is child support always required even when parents share physical custody?

Is there any scenario where the father provides financial support for the child while in his care and the mother does the same while with her? That way each parent is responsible for their share and never has to pay the other.

Answer:

While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.

Where I practice in Pennsylvania, the obligation of one parent to pay child support to the other parent is mandated by law and the amount mostly depends on the parties’ respective incomes (or an earning capacity assigned by the court if they do not work).

Moreover, whether a party is due child support (as well as how much child support should be given) depends, in part, on the custody arrangement and amount of time the parties respectively have with their child.

Therefore, even if the parents have shared physical custody of the children (and even if the custody arrangement affords both parents equal time with the child), one parent still may be obliged to pay the other parent child support because he earns more income than the other parent.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your jurisdiction to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer William J. Phelan, IV, contact Cordell & Cordell.