A Florida 50/50 Parenting Plan is not required by law. Neither case law nor statutory law (the rules may change based on several legislative initiatives before the Florida Legislature). However, barring any incidents of child abuse, molestation, or long periods of absences from the children’s lives, courts generally steer litigants in the direction of a Florida 50/50 parenting plan. In this article we will answer the question, “Do you have to pay child support if you have 50/50 custody in Florida?” and cover topics such as what a 50/50 custody schedule looks like, and what the impact of 50/50 custody and child support is in our state.
If you are a reasonable parent and have attended mediation, it is likely a mediator has mentioned to you that a Florida 50/50 parenting plan is ideal for you and your spouse. You may not be crazy about the idea, and your attorney may rightfully disagree with equal timesharing, but it probably has been a topic of discussion in your mediation. Many times, litigants will elect to go to trial to have the court determine timesharing. It is not uncommon for judges to decide that a Florida 50/50 parenting plan is appropriate for the parties.
Do You Have to Pay Child Support If You Have 50/50 Custody In Florida? 50/50 Custody and Child Support
Child support is based largely on Florida statutory law. According to Florida Statute 61.30, child support guidelines are heavily influenced by the parties’ net income after allowable deductions and the number of overnights each party enjoys with the kids. A 50/50 custody / timesharing arrangement does not eliminate a child support obligation. Let’s look at a 50/50 custody and child support example. If Husband/Father earns $100,000 per year, and Wife/Mother earns $65,000 per year, and the parties have equal timesharing, Husband/Father will likely be ordered to pay child support. The simple answer to “do you have to pay child support if you have 50/50 custody in Florida” is yes you do unless the child support guidelines determine the obligation is de minimis and is waived by both parties. 50/50 custody and child support is a sort of default position. Faced with the specter of one party paying more, or the other party receiving more in child support, legal fights often escalate. “An order for equal time-sharing for a minor child does not preclude the court from entering an order for child support of the child.” § 61.13, Fla. Stat.
50/50 Custody Schedule
A 50/50 custody schedule does not have to be 3.5 days a week per parent. Recently, as new trend has emerged to create frequency of parenting and continuity for families. Wife will have the kids for 2 overnights, then Husband for 3 overnights, then Wife for 3 overnights, then Husband for 2 overnights, and so on and so forth. This prevents either parent from being absent in their children’s lives for an extended period of time. When there are young children, a week-on, week-ff schedule is often arranged. Also, a 50/50 custody schedule can be done with one parent having 4 weekday overnights, one parent having 3 weekend overnights and extra time with the kids during summer or other vacation times. There is no one-size-fits-all timesharing schedule, but parents do what works for their families.
If you and your spouse are getting a divorce or if you have filed a paternity case and would like to consider a Florida 50/50 parenting plan, or if you have questions about 50/50 custody and child support, call the Jacobs Law Firm, divorce attorney in Orlando and divorce attorney in Clermont Florida.