Legal Question in Family Law in California
I have 50/50 court ordered visitation with my child. Yet my child spends more time with me, am I entitled to child support?
3 Answers from Attorneys
You probably would have to get the divorce decree modified as to the visitation right before you could get child support.
Shers is partially correct. Support is calculated on ordered time, not actual time. But he is wrong that you absolutely must adjust the order to get support. Custodial time is only one of many components to the support calculation. For there to be NO support, not only does custody have to be exactly 50/50, but income, taxes, deductions, and some expenses must also be exactly the same. If you have 50/50 custody and your ex makes more than you, chances are you are owed support without any change in the order regarding custodial time.
Mr. McCormick is correct. Custody and visitation arrangements is only one factor among several others that is used to calculate child support. I suggest you speak to a family law facilitator and have a dissomaster calculation run based on your actual time sharing plan, to determine whether a motion or an OSC to modify is appropriate.