Child Support Obligations in Shared Custody Cases
Shared physical custody occurs when there is a 50/50 split between both parents. In cases where parents share equal parenting time, the higher-earning parent will pay the other parent support. Although the law appears to take a “one-size-fits-all” approach, extenuating circumstances may warrant the court’s reconsideration of a support order. If you have any questions regarding your support obligation, the child support lawyers at Purdy Law are available to discuss your matter.
Shared vs. Partial Custody
While both terms may be used interchangeably, there is a distinct difference between them. When both parents are granted equivalent amounts of time with their child, this is known as shared physical custody. It is common for the court to grant shared physical custody when it is in the child’s best interest for the child to have equal time with each parent. This can come with some scheduling difficulties. Shared physical custody will entail a child splitting their time evenly between two residences. The details of this arrangement will be outlined in a custody order, although the most common schedule typically involves alternating weeks between each parent.
If one parent has physical custody for less than 50% of the time, this is known as partial custody. In partial custody, the 60/40 schedule is used frequently, in which one parent is granted custody 60% of the time and the other parent 40% of the time. Although one parent may still have significant time with their child, the other parent will typically have primary physical custody. In a 60/40 custody arrangement, the 4-3 schedule is the most common, where the child spends four days with one parent and three days with the other.
How does Parenting Time Factor Into a Support Calculation?
Support calculations are based heavily upon both parents’ combined income, in combination with their parenting time, and if they have other dependents. The state will also review what percentage each parent contributes to the total income. Expenses such as health insurance, private school tuition, and other extracurricular activities will need to be factored into this calculation.
Even if both parents are not granted equal parenting time, the paying parent’s support contribution will be reduced if the child spends at least 40% of overnights with them. According to 231 Pa. Rules of Civil Procedure Rule 1910.16-4, the formula will apply a 10% reduction in the paying parent’s support obligation. If both parents have shared custody (50/50 split), a 30% reduction will be applied to the higher-earning parent’s support contribution.
How Can a Harrisburg Child Support Attorney Assist Me?
Given the anxiety that you are currently experiencing, trying to wrap your mind around support contributions can be overwhelming. Understandably, you want what is best for your child, but that should be done with respect to your checkbook. If there has been a change in your employment, your living arrangements, your child’s needs, or any “material and substantial change in circumstances,” you may be eligible to pay decreased support.
Proving the necessity of modifying an order is not easy, with the court wanting physical proof, not just your word. Showcasing how the change was outside your control and providing the proof of financial hardship is key to having your petition approved.
Reach Out to Our Child Support Lawyers Today
While every child deserves equal financial support from both parents, child support can place undue hardship on the paying parent. If you are looking to modify an existing support order in Pennsylvania, look no further than the legal team at Purdy Law. Our Harrisburg child support attorneys are here to assist you through the process and ease the financial weight you are under. To schedule a consultation with an attorney, contact us online or call (717) 674-2885.