Do you have to pay child support if you have shared custody? (50/50.)

Asked almost 5 years ago - Winslow, NJ

How do you go about getting shared custody if joint custody has been in place since 2004? Is this something the courts will consider and what are the factors?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . NJ permits joint legal custody; joint physical custody is also permitted BUT there is always a primary residential parent who collects child support and a non primary who pays it. While the court will willingly listen to any plan to have joint responsibility and shared living it will turn a deaf ear to any plan to eliminate child support. I always tell my clients, do any such application with a family lawyer, the rules and case law can be quite complex, and lay people often do themselves more harm than good when they do it pro se.

    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..



    Divorce in General and How It's Handled in New Jersey
    Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
    US law on parental kidnapping: Please see 28 USC s. 1738……………………

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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