If my husband sister has 50/50 custody of his daughter with the mother of his child dose he still pay child support ?
1 attorney answer
Child support is determined by the respective incomes of the parties as well as their percentage of time with the child(ren).
In this hypothetical, the parents share equal custody, so whether or not one parent will be obligated to pay child support to the other parent will depend on the parents' respective incomes.
The purposes of child support, aside from providing financial assistance for the minor child, is to ensure that the child does not feel a disparity in one home versus the other. So, if one parent earns significantly more than the other, the higher earning parent will likely pay support to the other parent, absent a written agreement between the parents to the contrary.
Since child support is a right of the child and not the parent, however, the court will retain jurisdiction over the issue of child support and it can be modifiable (through the judicial process) even if an agreement is entered.