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Child support?
If a couple shares joint custody of their kids. Does one have to pay child support still?
In the state of South Carolina.
The divorce hasnt even started...I am just trying to get all of my ducks in a row before hand.
11 Answers
- Anonymous1 decade agoFavorite Answer
When both parent have the kids 50/50 amount of time usually no one pays support. Sometimes if one parent makes significantly more than the other parent, the one who makes more, doesn't matter which, will pay some support to even out the incomes. Or if you 2 can agree in court the court will accept that amount, or lack of as well.
When my parents got divorced 5 years ago, I was already grown and married with kids of my own, but I have a younger sister, (11 years younger), & my dad made a heck of a lot more than my mom. But, they agreed that one of them would keep my sister for 3 months, less certain holidays, then switch, & then back again etc., and no one would pay support. My mom could have legally gotten about $400 a month from him had she wanted it, even though they split the time with my sister exactly in half. They simply agreed and the court said okay. So it really depends on your incomes and such. If my parents had allowed the child support, my mom would be paying support now instead of my dad, because now she makes more than he does. It can be up to you if you two can agree.
- ChelsLv 71 decade ago
Joint custody usually means that both parents have rights. The child usually stays physically with one parent the majority of the time and visits with the other. In that case, yes, the parent with visitation pays support to the one the child is with more.
Source(s): We have joint custody, I get child support. - Tad DubiousLv 71 decade ago
If there is an order to pay support, the person ordered to pay must obey the order or suffer the consequences. If you have "joint custody," you most likely have a court order. If child support wasn't addressed, you either had a poor attorney, the court chose not to address it as the other parent was not present, or both parties agreed no support should be ordered. That's basically true in all states.
Source(s): I am a child support enforcement professional. - 1 decade ago
If by joint custody you mean one has physical custody while the other has custody rights then yes, child support is to be paid to the custodial parent. You can go to www.SouthCarolina child support calculator.com for more info
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- Anonymous1 decade ago
Usually in Joint Custody no one pays child support, because both parents are supporting the children part of the time, no one parent has total custody all by them self..
You must check the laws in your state and seek a attorney to confirm this, each state is different.
- MagicmanLv 41 decade ago
Yes!
Regardless of joint custody it depends on who has the "physical" custody.
- ?Lv 45 years ago
newborn help and custody are 2 different themes. both must be courtroom ordered. because your father became courtroom ordered to pay newborn help for your mom, that is what he's doing. because you mom became granted custody of you by ability of yet another courtroom order, you reside with her. in case you want to stay inclusive of your father, and your mom isn't prepared to allow you to finish that, he ought to favor to bypass lower back to courtroom and petition that the unique ruling giving your mom custody be overturned. to make sure that that to achieve fulfillment, he ought to ought to educate that residing inclusive of your mom is a chance for your life and protection. So no, you declaring you don't love your mom (as all little ones your age do ultimately) shouldn't make a decide overrule an contemporary custody order.
- 1 decade ago
maybe - maybe not.
my divorce papers are:
we both have joint legal custody - (meaning.. we can both have access to school and doct. information) and then I have physical custody (meaning, he has visitation, but the child reside with me).
- Anonymous1 decade ago
Usually not, but make sure everything is spelled out in legal documentation.