If you have children, you already know how quickly the cost of raising them can add up. Food, clothing, school expenses, health care, activities, transportation, and everyday household costs can take a significant bite out of your budget. So if you are going to share custody, the thought of adding a large monthly child support payment on top of the expenses you already cover during your parenting time can be unsettling.
That fear is understandable and is one of the most common concerns parents bring to family law attorneys. The short answer is that courts do not ignore your custody arrangement when calculating child support. That said, shared custody does not automatically wipe out a support obligation either.
Courts generally consider several factors when determining child support in a shared custody arrangement, including:
That means shared custody is one important piece of the picture, but it is not the only one. At Mahoney Richmond Thurston, PLLC, our attorneys have decades of experience helping parents reach fair child support arrangements. We are here to help you understand what those calculations actually mean for your family.
Virginia uses an income shares model to calculate child support. The basic idea is to estimate how much the parents would have spent on their child if they were living together and then divide that financial responsibility between them based on their respective circumstances.
For shared custody cases, the calculation generally works like this:
This means 50/50 custody does not automatically mean neither parent pays child support. If one parent earns significantly more than the other, that parent may still have a support obligation even when parenting time is divided equally. At the same time, the shared-custody formula recognizes that both parents are directly spending money to care for their child.
Child support does not mean one parent is responsible for every expense associated with raising the child while the other parent simply receives a monthly payment. Both parents continue to spend their own money while caring for their child during their parenting time.
When your child is staying with you, you are generally responsible for the everyday costs that come with having your child in your home, including:
Some of these costs may be specifically incorporated into the Virginia child support guidelines, while others are simply expenses each parent handles as part of maintaining their own household. Either way, shared custody means both parents are already contributing financially to their child’s care in their own homes.
The guideline amount is a starting point, not always the final word. Virginia courts have discretion to adjust a standard support figure when the facts of a case call for it. Factors that may shift the calculation include:
These factors can matter when the standard calculation does not fully reflect the financial reality of the family.
If you are concerned that a proposed support amount does not account for your custody arrangement or financial situation, an attorney can review the details and help you understand whether the numbers are accurate. The attorneys at Mahoney Richmond Thurston, PLLC bring years of family law experience to cases just like yours. Contact our office today to schedule a consultation.