Home > Research Legal Advice > Child Custody > Does either party have to pay Child support if Joint Custody in Washingt...
Asked about 1 year ago - Spokane, WA
FlagStarting an uncontested divorce proccess. Wife wants to have shared (joint custody). The kids will be spending the majority of time with me due to her 2 jobs and night shifts (5pm-1am) She makes about 30k per year I make 80k will I be forced to pay child support if I aggree to joint custody even though I actually have the kid 80% or more of the time? Kids are 10 and 12. She mainly just feels like it sounds bad if I have full custody.
Child support and parenting plan do not necessarily have anything to do with each other. Child support is to provide the child with financial means to live in a manner approximating what the child had before the parents decide not to live together.
In theory, the custodial parent can be ordered to pay child support to the parent who does not have as much parenting time with the child. For example, the custodial parent has extraordinary level of wealth and the other parent is struggling to get by with a minimum wage job. The court likely would order the custodial parent to pay child support to the other parent so that the child has somewhat of the same environment at both homes.
Unless a parent's parental rights are restricted by the court, the other parent would never have "full custody". Decisions about the child would generally be joint unless the court restricts one parent's rights. The child is going to spend some time with each parent.
In general, the court is going with the statutory procedures to calculate child support. The difference between 30k and 80k likely is not so great that the court would deviate from the standard calculations. On another hand, if the children are scheduled to be with each parent about the same amount of time, that can be a reason for the court to deviate from the standard calculations.
It is good that both parents are talking and working together. On another hand, you each likely should review your specific facts with your own attorney. There may be things that you each have not thought about.
We really do not use the term "custody" in Washington. You have a parenting plan that is in the best interest of the children. Almost all parents co-parent unless there is something seriously wrong with one of the parents. What you are talking about is "residential time". There is generally a deviation when there is a significant time with the paying parent. There is a formula for support but the formula does not include the deviation.
Your best option is for you and your spouse to agree to a parenting plan that works for your children and your respective work schedules. Then you should each look at your budgets and see if the lower earner should have some assistance. Remember this is to provide for your children.
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