What is shared custody and how does it affect child support in Connecticut?
A parenting plan may call for the parents to share custody of a child. In such an arrangement, the child essentially has two homes with toys, clothes and other possessions in the homes of both parents. Shared custody does not always result in a strict 50/50 schedule. However, the parenting schedule sets forth substantial time for the child with each parent in the home of that parent.
Shared custody and its effect on child support is often misunderstood. A parent “fighting” for shared custody is often disappointed to learn that shared custody does not automatically result in a waiver of child support. In other words, even if a parent is awarded shared custody they may still have a child support obligation.
Part of the misunderstanding probably lies in the wording of the Worksheet for Child Support Guidelines. The Worksheet simply states, “shared custody”, as a criterion to deviate from the Guidelines. Parents likely rely on this without further inquiry.
I have also heard parents make the argument they need not pay child support because the child is “with me just as much – its common sense.” Courts are not easily persuaded by this argument.
So, when will shared custody affect child support?
The most recent Child Support Guidelines require the parent with the higher income to pay child support to the parent with the lower income. Often, the parent with the higher income then often argues “deviation criteria” and that strict application if the Guidelines is unfair based on the parenting schedule and incomes. It is a very fact dependent analysis.
Connecticut Shared Custody Attorney
I represent clients in Connecticut Family Court and Divorce proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about shared custody and child support in Connecticut.