Shared Physical Custody, Split Custody & Child Support

In our practice at Broder & Orland, LLC, we are often asked the following questions:

  1. If my spouse and I share physical custody of our children, do I still have to
    pay child support?; and
  2. Can my spouse get out of paying child support by requesting shared
    physical custody?

Generally, the answer to each question is “No”, however, the answer could be different
depending on the specific circumstances of your case.

Whether you and your spouse reside in Greenwich or West Hartford Connecticut the Connecticut Child Support Guidelines (hereinafter “Guidelines”) apply to your case. The Guidelines define “shared physical custody” as: “a situation in which the physical residence of the child is shared by the parents in a manner that ensures the child has substantially equal time and contact with both parents. An exactly equal sharing of physical care and control of the child is not required for a finding of shared physical custody.” An example of shared physical custody is the Father having parenting time with the children every Monday and Tuesday, the Mother having parenting time with the children every Wednesday and Thursday, and the parents alternating every other weekend with the children. However, the division of parenting time could be less than in this example and still qualify as shared physical custody.

Contrary to popular belief, shared physical custody alone, does not relieve a parent of his or her child support obligation. Pursuant to the Guidelines, in a shared physical custody situation, “the presumptive current support order shall equal the presumptive current support amount of the parent with the higher net weekly income, payable to the parent with the lower net weekly income.” Thus, presumptively, the child support obligation is identical whether there is a shared physical custody situation or a non-shared physical custody situation.

In some cases, there may be special circumstances in which a deviation from the presumptive support amount may be warranted for equitable reasons. The two special circumstances delineated in the Guidelines which may warrant a deviation in a shared physical custody situation are: (1) such arrangement substantially (a) reduces expenses for the child for the parent with the lower net weekly income, or increases the expenses for the child for the parent with the higher net weekly income, and (b) sufficient funds remain for the parent receiving support to meet the needs of the child after deviation, or
(2) both parents have substantially equal income. The analysis that is applied to such a deviation is fact specific and determined on a case by case basis.

Family law attorneys sometimes incorrectly apply the “split custody” analysis to shared physical custody situations. The Guidelines define “split custody” as: “a situation in which there is more than one child in common and each parent is the custodial parent of at least one of the children.” An example of split custody is where one child primarily resides with the Mother and the other child primarily resides with the Father. In that situation, the Court would determine the presumptive child support amount if both children primarily resided with the Mother, and then determine the presumptive child support amount if both children primarily resided with the Father, and subtract the lesser amount from the greater amount. For example, if the Mother’s presumptive child support obligation was $750 per week, and the Father’s presumptive child support obligation was $250 per week, the Mother would pay $500 per week in child support to the Father.

The attorneys at Broder & Orland, LLC are experienced with the Connecticut Child Support Guidelines and the various deviation criteria. No two cases are the same. We will tailor an approach to suit the needs of your family using all applicable Connecticut