If We Have Joint Custody, Does Anyone Still Pay Child Support?

If We Have Joint Custody, Does Anyone Still Pay Child Support? blog postA common misconception in Tennessee is that if parents share exactly equal time with their children, neither parent will have to pay child support. While it seems logical that a 50/50 split would result in a financial wash, the Tennessee Child Support Guidelines are designed to ensure that a child enjoys a similar standard of living in both households. Therefore, even with equal residential time, child support is often still required.

Tennessee uses an Income Shares Model to calculate support. This model is based on the concept that the child should receive the same proportion of parental income that they would have received if the parents were still living together. Because it is rare for both parents to earn the exact same income, the parent who earns more will typically still owe some amount of support to the parent who earns less, even if the time spent with the child is perfectly balanced.

The calculation begins by looking at the gross monthly income of both parents. This includes wages, bonuses, commissions, and even certain types of social security benefits. From there, the state applies a formula to determine the basic child support obligation. The number of days each parent spends with the child is then factored in. In a 50/50 scenario, both parents are credited for their significant time spent, which does lower the amount of support compared to a traditional primary residential parent arrangement.

However, income is not the only factor. The court also considers “add-ons” such as the cost of health insurance premiums for the child, work-related childcare expenses, and recurring uninsured medical expenses. If the higher-earning parent is also the one paying for health insurance and daycare, their support obligation may be further reduced. Conversely, if the lower-earning parent is covering these costs, the higher-earning parent’s payment will likely increase.

It is also important to understand that the court has the discretion to deviate from the standard guidelines if the application of the formula would be unjust or inappropriate. For example, if a child has special needs that require extra financial support, the court may adjust the numbers accordingly.

Because the math involved in Tennessee child support can be complex as income is defined more broadly for child support purposes than tax filing purposes. It is vital to have an accurate financial picture before entering mediation or court, to ensure all income is accounted for. Misreporting income or failing to account for specific expenses can lead to an unfair support order that lasts for years.

The team at Rogers, Shea & Spanos specializes in helping clients navigate the financial complexities of divorce. As a Nashville family law lawyer, we ensure that all income sources are properly identified and that the child support worksheets accurately reflect your life. We help you understand your obligations and your rights, ensuring that the final order is fair to you and provides the necessary support for your children.