If My Co-Parent and I Have an Equal Residential Schedule, Will I Still Have to Pay Child Support?

Anne B. Bennette, Edmonds Lawyer

 Two important aspects of co-parenting are determining the residential schedule and the financial support of the children.  Just because you might share an equal residential schedule with your co-parent, that does not mean you will receive a credit (also called a ‘downward deviation’) on the standard amount of the child support transfer payment.  

The Court is charged with ensuring that the basic necessities of the children can be met and the standard of living can be relatively similar in both households.  Accordingly, when there is an income discrepancy between co-parents, the larger that discrepancy, the less likely a residential credit or downward deviation will be awarded.  When considering the amount of child support, the Court will first make a finding as to the net incomes of both parents.  The net income determines the statutory amount of the standard transfer payment.   The Court may then consider whether a deviation should be awarded based on the residential schedule. 

The simple fact that the children spend equal time in each household is not sufficient to prove to the Court that there are increased costs resulting from the additional time spent with the children.  When asking for a downward deviation based on the residential schedule, there must be sufficient evidence provided to the court to prove that there are increased expenses in the obligor’s household (the parent paying child support) and decreased expenses in the obligee’s household (the parent receiving child support) based on the time the children spend in each.  Without this evidence, the Court will not award any deviation from the standard amount.

Our Family Law Group is available to assist you with all family law related matters including child support orders, parenting plans, and dissolutions. 

To learn more about Co-Parent and Child Support?, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4

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