How does equal custody impact child and spousal support?

| Mar 8, 2019 | Child And Spousal Support

For Indiana parents, there are many considerations that are part of child and spousal support. With child support, there might be some level of confusion as to how ancillary aspects of the case can affect how much is to be paid and by whom. One concern is if there is an equal sharing of parenting time. Understanding how this is handled is an important aspect of a case. As with any other issue related to family law in the state, having legal advice is imperative.

When the child stays with each parent overnight for between 181 and 183 nights per year, parenting time will be viewed as equally shared. With child support, one of the parents will be named as the one controlling expenses. In such a circumstance, the other parent will be given parenting time credit. The parent who is deemed as the one controlling the expenses will be the obligor with child support.

If both parents share parenting time, it must be decided by the court which parent will be the one who is paying controlled expenses. There are various factors that the court uses to make this determination including: the parent who has generally paid the expenses; the parent who is likelier to be able to pay them; the parent who will generally take the child for health care; and the parent who has generally had greater involvement in the child in terms of school activities.

Although a case where the parents are sharing the child equally might seem to be amicable, it does not necessarily mean it will remain that way. Child and spousal support, parenting time and other family law issues can grow complex and problematic. When facing these concerns, having legal advice is essential. A law firm that specializes in child and spousal support and the issues related to these topics can help with a case.

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