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Shared Custody, Support Payments

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Anonymous Asked:

My wife and I are going through a separation. She has been a stay at home mom since our youngest was born(3 years). We have agreed in a 50/50 split for child care. I will have the 2 children (oldest is 7 youngest 3), for 4 days and she will have them for 4 days. When I go onto the online calculator it gives me a figgure of just over $1200 for child support whether I put her having sole custody or us sharing custody. Is my logic not correct in that if I have them 50% of the time I should not have to pay her 100% of what the child support tables say?
Thank you

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Andrew J. Kania, LL.B., LL.M.
6 years ago

Answer: If you have a true 50/50 situation then a “set-off” analysis applies. That means that she pays you child support, based on her income (which can also be attributed income, as you say that she is a stay at home mother) and you pay her based on your income. The lower figure is then deducted from the higher figure, and thus the person with the higher income pays a smaller amount of monthly table child support. This is all pursuant to the Child Support Guidelines. Of course, if one spouse has no income at all, and no income is attributed to that spouse, then the “set-off” cannot occur.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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