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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24870
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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If a couple has equal joint custody does that mean that the

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If a couple has equal joint custody does that mean that the father doesn't have to pay the mother child support ?
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Pro replied 8 years ago.

No, to the contrary. I'll try and outline child support based upon the following:

 

1) Amount of overnights - where the child(ren) sleep - if they sleep at the mother's 4 nights per week then she has almost 60% custody - then the custodial parent would still be entitled to full child support.

 

2) Even custody - 50% each - then still the courts would make the parent who makes more money pay the other parent child support based upon the guidelines - discounted somewhat because of even or split custody.

 

Spousal support can also be requested which has nothing to do with child support - the spouse making more will pay monthly support to the spouse making less. This could mean that even though one spouse has custody of the child(ren) they could still end up paying spousal support - the spousal support would be modified to reflect that the custodial parent had the child(ren).

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Customer: replied 8 years ago.
How does the mother get 60% custody ?
Expert:  Law Pro replied 8 years ago.

I was giving examples above - not indicating what your custodial situation in actuality was.

 

However, if the mother wants 60% of physical custody - then she must come up with an arrangement where the child(ren) sleep at her house 4 nights per week - that's fairly easy as Monday, Tuesday, Wednesday, and Thursday are 4 nights.

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