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If I Have 50/50 Custody, Do I Still Have to Pay Child Support?

In New Hampshire, divorced parents can decide to share joint residential responsibility and parenting time for their children. While many believe that if each parent shares an equal amount of time with the kids, then they will have the same amount of expenses - meaning that neither party would pay child support to the other.

However, the courts will disagree. The law states that equal parenting time (50/50 custody) will not negate the duty to provide child support. If two parents earn significantly different incomes, then the parent with the highest income is typically ordered to pay child support to the other parent.

The court will consider the following factors in establishing a child support order:

  1. In cases of equal or approximately equal residential responsibility, if the parties have agreed to an accurate apportionment of variable expenses for the children, such as education, health insurance, clothing, and other child-related expenses.
  2. If the obligator (person paying child support) has established that the equal or approximately equal residential responsibility will result in a reduction of any fixed costs of child rearing incurred by the obligee parent.
  3. If the income of the lower earning parent enables that parent to meet the costs of child rearing in a similar or approximately equal style of that of the other parent.

If you are involved in a child support case in New Hampshire, it is imperative to obtain the appropriate facts and information necessary to make the proper calculations. With the help of an experienced and reliable family law attorney, you will have someone one your side who is dedicated to protecting your best interests, as well as your children's.

Contact our firm and request a free consultation today.

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SekellaLaw, PLLC
222 River Rd
Manchester, NH 03104-2421

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