Can I Get Child Support in Virginia if Custody is 50/50

Can I Get Child Support in Virginia if Custody is 50/50

Yes. Child support is common in 50/50 custody situations.

Whether or not you will be paying or receiving child support is based on your income disparities and the custody schedule. Both must be factored for when running your state’s child support calculation.

What counts as “50/50 custody”?

Equal Parenting Time. 50/50 custody means equal parenting time with both parents.

What Counts as a Day? In my home state (Virginia), and many other places, a full day, must include a 24-hour period of parenting time. If there is an overnight, but the custody time is for less than 24-hours, that parenting time counts as one half of a day. If there is no overnight, and the parenting time is for less than 24 hours, that time will not count in the child support calculation (such as when a parent spends time with a child for a few hours after school or on the weekends).

How is child support calculated in 50/50 situations?

All states have a specific formula for calculating the amount of child support that must be paid (with rare exceptions). https://www.dss.virginia.gov/family/dcse/obligation_calculation.cgi Check your state to be sure you understand the key information that needs to be plugged into the calculation. It can vary a lot from state to state.

In Virginia (and many other states), you will need:

  1. Gross monthly incomes of both parents: This means before taxes, health insurance, retirement contributions, and all other deductions. For people who own businesses it can be tricky, but is usually gross revenue minus reasonable business expenses (with the “reasonable” part creating the trouble).
  2. Number of days with each parent: (24 hours = 1 day, an overnight without 24 hours = 1/2 of a day)
  3. Number of children: Also, if you have other children from a different relationship that either live with you, or for whom you are court ordered to pay support, that is also factored for in the child support calculation.
  4. Cost of health insurance for the children’s portion: This is usually determined by subtracting the employee-only cost from the family plan costs.
  5. Work-related childcare expenses: Virginia has a line item for the work-related childcare expenses. Most of my clients, however, choose to share this expense independent from the monthly child support amount because it is a cost that changes a lot over time. You will not want to have to keep recalculating the child support amount every time the work-related childcare costs change.
  6. Spousal support (alimony) is also included as a line item in the child support calculation, if that applies to your case.

Here’s a quick example:

  • Parent A earns $120K/year
  • Parent B earns $60K/year
  • They have 2 kids
  • They split custody 50/50
  • Health insurance for the children’s costs $250 per month, paid by Parent A
  • No costs for work related childcare
  • No spousal support payments

ANSWER: After running the Virginia Shared Child Support Calculation, Parent A will owe Parent B $396 per month in child support.

IN SAME SITUATION, BUT CUSTODY IS 35% PARENT A AND 65% PARENT B (for example: 3-day weekends every other week (78 days) and one 24-hour day every week (52) = 130 days), Parent A will owe Parent B $810 per month in child support.

IF THIS WAS AN OLD FASHIONED EVERY OTHER WEEKEND CASE, with Parent B being the primary parent, that monthly child support amount would be $1,287.

Can we agree that no one pays child support?

Yes – with some caveats. If both parents agree to waive child support payments, and they can show that it won’t harm the child’s best interests, then a court might be willing to let the child support go.

Judges are reluctant to waive child support. Keep in mind that child support is the child’s right and is not money for the other parent. It is money for the financial support of the child. For that reason, most judges are reluctant to permit a waiver of child support.

In mediation, child support can be waived if there is a good reason. In mediation, if you and your co-parent are on the same page, and you have a good reason or reasons for there to be no child support, I have never seen a judge reject that mediated agreement.

I recommend that, if there is to be a waiver (or an amount paid which is less than the calculated amount) you list with clarity the reason for that waiver in your settlement agreement (often referred to as a child support “deviation”), such as:

Reasons for No (or Less) Child Support:

  1. Debt. The parent who is supposed to pay the child support has overwhelming debt that he or she needs to get a hold of. This might be a good reason for a temporary release of the obligation to pay child support.
  2. Lifestyle. The parents agree that the child’s lifestyle will not be sacrificed by the non-payment of child support. This is often used where both parents have a high income.
  3. Housing Costs. The parent who is maintaining the family home for the good of the children cannot also afford to pay child support.
  4. Status Quo. The parents have been living apart for a while and have already figured out the best way to share their child’s expenses.
  5. Living Nearby. The parents have determined that, in order for them to live close to one another, in a fairly high-rent district, the parent who is supposed to pay child support cannot do that and also cover his or her rent/mortgage.
  6. Sharing Expenses. The parents have divided up all of the child’s expenses and feel that adding a monthly support amount into the mix does nothing for their child’s best interest.

Bottom line

50/50 custody does not mean that there will no child support obligation. The courts also look at the disparity in income between the parents. If you and your ex agree that there will no child support payments, you need a good reason for that decision because child support is really the child’s right, not the parents’. https://www.findlaw.com/family/child-support/child-support-basics.html