Why Do I Have to Pay Child Support if I Share 50/50 Custody?
It’s a common misconception that there is no child support when parents share physical custody equally. In South Carolina, child support obligations are determined by various factors, not just custody. Even if you share 50/50 custody of your children, you may still be required to pay child support. Understanding the reasons behind this can help ease some of the frustration you may feel.
South Carolina Child Support Guidelines
South Carolina has clear child support guidelines. A formula determines a fair child support obligation and each parent’s share. After combining the income of both parents, several factors are considered.
Important factors that influence the child support amount include:
- Each parent’s income and earning potential
- Time Sharing schedules
- Any child support obligations for other children
- Special needs of the child
- Healthcare costs and insurance premiums
- Each parent’s tax filing status
- How many children will be supported
- Each parent’s assets, debts, and liabilities
- The child’s education and childcare costs
- The age of children in each household
The amount of scheduled time with each parent may be considered. However, child support is calculated separately from custody. This calculator from the Department of Social Services can help you estimate how much court-ordered child support will be.
These factors mean that child support isn’t divided 50/50, even with shared custody. Parents may have similar incomes, but one parent may pay for the child’s health insurance. Child support calculations consider each parent’s qualifying expenses, other children, and more.
Income Disparity and Child Support
Income disparity between parents is one of the reasons you might be required to pay child support despite shared custody. Child support should balance the children’s financial needs equitably across households. If one parent earns more than the other, the higher-earning parent might be required to contribute more financially. This ensures that the children’s standard of living is maintained in both households.
Otherwise, a child could experience very different living conditions between households. What if one parent earns $30,000 per year and the other earns $60,000? Even with shared custody, the parent who earns significantly more money is less burdened by the child’s financial needs.
The court is also concerned with the child’s best interests. Ensuring that children have adequate financial support is crucial. This can mean requiring more support from the parent who has a higher income, even if parenting time is equally shared.
Shared Custody and Additional Expenses
The belief that 50/50 shared custody eliminates the need for child support overlooks the ongoing financial needs of a child. It assumes that each parent’s financial contributions occur solely during their allotted time. While parents may cover expenses such as medical care, food, and activities during their time together, this arrangement often fails to ensure equality or fairness in meeting a child’s overall needs.
Child support considers a child’s broad needs that go beyond daily expenses. This includes health insurance, medical care, education, and extracurricular activities.
Child Support May Be Adjusted Over Time
Child support arrangements are not set in stone. The order can be modified if there are significant changes in either parent’s financial situation. Courts can revisit orders to ensure that the support order remains fair. Either party may request a review of the support order through DSS every three years.
If your income, custody, or shared time have changed, it may be time to request modification.
Paying child support despite having 50/50 custody can seem unfair at first glance. Understanding the underlying reasons can help clarify the situation. Income disparity, state guidelines, and the best interests of the children are all considered to determine a fair amount.
An experienced attorney will be committed to helping you navigate your child support issues. They will ensure your child support order is fair and accurate. They can also help you seek child support or request a modification.
Contact an Experienced Rock Hill Child Support Attorney at Minor Law Divorce Lawyers for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm Minor Law Divorce Lawyers in Rock Hill, SC at (803) 504-0971 or contact us online today.
You can also visit our law firm at 1273 Ebenezer Rd, Suite B, Rock Hill, SC 29732.
We serve throughout York County.
