My residential time with the child has just increased to 50%-50% and the actual income of the other parent is 20% higher than my imputed income. Our level of income is a little bit above poverty line. She is still custodian which seems to be a mistake considering the equal time.
There are two separate considerations here. First, Washington does not like to use the term custody; the only place it appears in our parenting plans is section 3.12, which acknowledges that the court must (grudgingly) designate a custodian "solely for the purposes of all other state and federal statutes which require a designation," and that it "shall not affect either parent's rights and responsibilities under this parenting plan." In 50/50 cases, the court has discretion to name either parent as custodian, and occasionally the parents will split the title by alternating years, but it really is not that significant compared to the actual orders spelling out the parents' rights and responsibilities.
Now the heart of your question is the second, distinct, consideration of "obligor" for child support purposes. Although the person named custodian in the parenting plan is generally the obligee by virtue of being the primary residential parent, it does not always have to be this way. The court has discretion to name either parent the obligor, and it will typically be the parent with the higher income in a 50/50 scenario. Once the basic support is established though, the court may then consider whether a deviation based on shared residential time is appropriate (the parent requesting the deviation must show that the residential time increases their expenses and decreases the expenses of the obligee, and that the obligee's household is not left with insufficient resources).
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I agree with prior counsel.
Child support is based upon comparative net incomes. There can be a residential credit. In a 50/50 case, that usually means the parent with the greater income will pay some amount to the parent with the lesser income. An attorney who can review your current documents (parenting plan and order of child support) can give you an ideal of what you might expect.
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