50/50 Custody vs. 1/3-2/3


Generally, child support is determined by the number of overnights that the child or children spend with each parent during the year. Worksheet “A” will be used when one parent has primary physical custody of the child(ren) if that child lives with the custodial parent for at least 242 nights per year (note that a noncustodial parent will thus have 123 or fewer nights of visitation). Worksheet “B” will be used to calculate child support if the parents share custody of the child(ren). Parents share custody if the
child(ren) spend(s) at least 123 nights with each parent and each parent assumes financial responsibility for the child(ren) while with that parent. Using worksheet B will yield a lower amount of child support for the paying parent.

David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My ex is asking that I sign a new separation agreement (we are filing for divorce next month) that states we will have joint custody where 1/2 the days of the year to be spent with him and 1/2 with me. Our previous agreement stated 1/3 for him and 2/3 for me. He’s not currently paying me child support; are there any ramifications if I sign the new agreement with 50/50? I have a feeling he’s doing this to either get out of paying child support or to diminish it.