When you go through a divorce, determining how much time you will each spend with your children is often one of the most contentious matters, as both parents likely want to spend a considerable amount of time with their child. As such, there are many considerations the courts and parents must make to ensure that the child is in the best possible situation. One thing many parents wonder about is how their custodial time impacts their child support payments. If this reflects your circumstances, the following blog explores what you should know about these matters and why it’s in your best interest to connect with experienced Tampa family lawyers to help with any problems you may face.
How Is Custodial Time Determined?
To determine how much parenting time each party should have, the courts will consider several factors. In general, the courts will begin by assuming that it is in the best interest of the child for each parent to have even custodial time. However, they must also consider the following factors which can influence how much time each parent has with the child:
- The income and earning capacity of each parent
- The age and health of each parent
- Each parent’s job duties and demands
- How close the parties live in relation to one another
- The ability of each parent to create a stable and safe environment for the child
- Whether or not there are any allegations of abuse, neglect, or substance abuse issues
Depending on these factors, you may find that your parenting time split is not equal. As such, the parent who is not considered the physical custodial parent, meaning they do not have the child for more than 51% of the time, must pay custody.
Will The Amount of Parenting Time Impact Support Payments?
Generally, the amount of parenting time you have does impact how much you must pay in child support. Typically, in Florida, if you have a child for more than 20% of the nights in a year, or 73 overnights, you are eligible to have the amount of child support you pay monthly reduced.
The courts use a specific formula to calculate how much child support a parent owes by combining their incomes and determining how much each parent contributes to the monthly total. For example, if Parent A, the custodial parent, makes $4,000 per month and Parent B makes $6,000 per month, their combined income is $10,000. Parent A accounts for 40% of the total, while Parent B accounts for 60% of the total, which reflects their support obligations to the child. However, if Parent B has more than 73 overnights per year, their support obligation will decrease.
If you are going through a divorce and matters of child custody and support are up for consideration, it’s important to understand that it’s in your best interest to connect with an experienced attorney from Tampa Law Group. Our team will do everything possible to assist you through these matters to fight for the best interest of you and your child. Connect with our firm today to learn how we can help you.