Legal Question in Family Law in California

"Timeshare" is not the same as physical custody. In most cases the court does not even state which parent has "physical custody". "Timeshare" is generally used in court as a percentage description of the child sharing plan. A typical custody order is that custody is awarded jointly to the parties and then a description of the child sharing plan. To calculate the child support the judge will then determine the "timeshare" from the child sharing plan. Names may change the concepts remain the same. Good Luck, Pat McCrary

I have no idea what McCrary is talking about. He says it is not the same as physical custody and then goes on to say it is the percentage share of time that the child spends with each parent. That IS physical custody time. He is correct, however, that the most common custody order is joint legal and physical custody awarded with the physical custody shared according to a parenting plan. Each parent's time under the plan is their timeshare. As for whether it has to reflect child support, actually the opposite is true. Child support calculations reflect the timeshares of the parents as one of the key components of the formula for calculating support. Time drives the support calculation, not support driving the timeshare.