Sometimes 50/50 Isn't Quite 50/50

Having 50/50 custody does not automatically mean that neither parent will pay child support. Even with equal custody, one parent may still be required to pay support, depending on several factors that Virginia courts use to determine fair support obligations. 

Here’s an overview of how child support is calculated in cases of shared custody:

How Child Support Works in 50/50 Custody Arrangements

In Virginia, child support is calculated using guidelines that consider both parents' incomes and the time each parent spends with the child. With shared custody, these guidelines are adjusted based on the custody split, but they also consider income disparities, the child’s needs, and additional expenses, which can result in one parent still having to pay child support.

Key Factors Affecting Child Support in 50/50 Custody Situations:

Income Differences Between Parents: If there is a significant income difference between the parents, the higher-earning parent may still be required to pay some child support to ensure that the child’s standard of living remains consistent between both households. Even with a 50/50 time split, the court wants the child to have similar living standards when staying with each parent.

Additional Child Expenses: Virginia courts consider other necessary expenses for the child, such as healthcare, education, and childcare costs. These expenses are divided based on each parent's income and may affect the child support obligation even in a shared custody scenario.

Shared Custody Formula: Virginia’s child support guidelines include a "shared custody" formula for situations where each parent has more than 90 days of custodial time per year (roughly 25% of the time). This formula takes into account the amount of time each parent has with the child and each parent's income, adjusting the support amount accordingly.

Example Scenarios

If both parents have roughly equal incomes and share 50/50 custody, they may not owe each other child support, as both households can support the child equally.

If one parent has a higher income than the other, they may still pay some level of child support to balance out the financial responsibility and provide consistency in the child’s lifestyle between both homes.

Every situation is unique, and Virginia’s guidelines aim to create an arrangement that serves the best interests of the child. It’s advisable to consult with an attorney who can help you assess your specific circumstances, review income calculations, and understand how additional expenses could impact potential child support obligations.

At SMITH | ASHCRAFT, we can guide you through the process, helping you understand Virginia’s child support guidelines and advocating for a fair arrangement. 

Contact us today for a consultation.