How does custody affect child support amount?

[goliath7]

What is the name of your state (only U.S. law)? GA

Mother is asking for sole physical custody of our 4 year old with joint legal custody. We have agreed that I will get 40% parenting time with our daughter. Should I fight to get joint physical custody as well or does it not even matter when child support is determined

 

[Proserpina]

What is the name of your state (only U.S. law)? GA

Mother is asking for sole physical custody of our 4 year old with joint legal custody. We have agreed that I will get 40% parenting time with our daughter. Should I fight to get joint physical custody as well or does it not even matter when child support is determined

...so this is less about the child than it is about the money?

 

[goliath7]

Actually, my child has never wanted for anything. Prior to receiving the complaint, my daughter spent 50% of her time with me and now the mother wants sole custody...because it amounts to more money for her each month. I want to spend as much time with my daughter as allowed and would love to keep the current 50% time but do not want to be penalized because of some legal term in a divorce decree....

 

[TheGeekess]

GA CSEA: DHS-OCSE


GA Child Support guidelines/calculators here: DHS-OCSE

 

[Isis1]

Actually, my child has never wanted for anything. Prior to receiving the complaint, my daughter spent 50% of her time with me and now the mother wants sole custody...because it amounts to more money for her each month. I want to spend as much time with my daughter as allowed and would love to keep the current 50% time but do not want to be penalized because of some legal term in a divorce decree....

Depends on your state. Some states are set child support amount regardless of time share. Some states are income shared states. Even those states end up with the NCP paying child support to the CP with a 50/50 timeshare. In some instances, the CP ends up paying child support to the NCP. Google "child support calculator Georgia" and see if both parents' income are used to compute the amount.

 

[CJane]

Depends on your state. Some states are set child support amount regardless of time share. Some states are income shared states. Even those states end up with the NCP paying child support to the CP with a 50/50 timeshare. In some instances, the CP ends up paying child support to the NCP. Google "child support calculator Georgia" and see if both parents' income are used to compute the amount.

Regardless of whether the calculator takes both parents' incomes into account, or considers time with the child, the language "sole" or "joint" is going to be irrelevant when setting child support.

If considered, the only thing that matters is time with the child, not the language used to set up that time.

 

[goliath7]

ok...first of all....thanks to everyone who has replied with....it helps a ton..

The mother has shared with me the child support worksheet. Both of our incomes are used to calculate the CS amount. It has me listed as the Non custodial parent. The final amount for the mother is $369 and the final amount for me is $548. So I guess I would have to pay the $548 correct???

 

[CJane]

ok...first of all....thanks to everyone who has replied with....it helps a ton..

The mother has shared with me the child support worksheet. Both of our incomes are used to calculate the CS amount. It has me listed as the Non custodial parent. The final amount for the mother is $369 and the final amount for me is $548. So I guess I would have to pay the $548 correct???

Without seeing the actual sheet, I couldn't tell you. On a CS sheet in MO, the answer would be yes. The $ amount responsibility of each parent is listed and the amount listed for the NCP is the amount of child support owed.

HOWEVER, if it were me, I'd do my own sheet or at least closely verify the information used.

 

[goliath7]

So I just did my own sheet and have noticed that her attorney did not correctly state either of our incomes. Her gross income is lowered by $400 and mine has been cut in half. When I do my own sheet, her final CS amount is $321 and mine is $813

 

[goliath7]

Would my parenting time be a factor in a final CS amount?

 

[stealth2]

So I just did my own sheet and have noticed that her attorney did not correctly state either of our incomes. Her gross income is lowered by $400 and mine has been cut in half. When I do my own sheet, her final CS amount is $321 and mine is $813

Then maybe you want to go with HER numbers!

 

[goliath7]

If I go with her numbers...is that legal? Would a judge change it to the correct ones???

 

[TheGeekess]

Would my parenting time be a factor in a final CS amount?

Did the worksheet mention time split? If not, then more than likely it is not.

 

[mistoffolees]

Would my parenting time be a factor in a final CS amount?

In most states, it can be. Even when parenting time is not explicitly mentioned in the calculator, the figures are usually guidelines based on the old-fashioned standard where one parent has the child 90% of the time and the other parent gets just a few weekends. If the calculator doesn't mention parenting time, the closer you get to 50:50, the less meaningful the number from the calculators will be. If the calculator does mention parenting time, then it's probably pretty close.

 

[CJane]

If I go with her numbers...is that legal? Would a judge change it to the correct ones???

You and Mom are free to come to an agreement outside the guidelines, and barring exceptional circumstances a judge would sign off on it.

And, in Georgia, parenting time is an allowed consideration when a judge deviates from the guidelines. That does NOT mean that a deviation is a slam-dunk, but it does mean that a judge is allowed to deviate based on that and the law supports the deviation. What that deviation might be, none of us can tell you.