Child Support

What if We Have "Joint" Custody?

Child support is calculated differently if the parents have “shared custody”. But watch out.

You may have been given some form of "joint" legal custody by the Court. This allows you to share in the decision-malking when it comes to your children. When it comes to child support, what the Court has labelled it makes no difference. The Child Support Guidelines have their own definition of “shared custody”.  Shared physical custody means that each parent keeps the child(ren) overnight for more than 35% of the year.  (228 overnights) Overnight means overnight. It does not matter what you choose to call your parenting arrangement. “Joint Custody” with one parent having 30% of the overnights does not qualify for the shared custody calculation. The shared custody calculation will result in significantly less child support. See Worksheet  You will see that a shared custody calculation is done on an entirely different form.

Day Care, Educational and Medical Expenses

Even if the overnights result in a "shared" custody calculation, any work-related day care expenses, qualifying educational expenses and/or  extraordinary medical expenses (See "Extraordinary Expenses") are allocated between the parents according to their respective percentage contribution to their comcined astual incomes. No adjustment for the "number of overnights".

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