Seeking primary physical custody...higher paying job or a better work schedule?

1

I understand a lot of factors come into play over who gets primary physical child custody. But when it comes to your job, I have a question. I have been a stay-at-home mom for most of our children’s lives. I am currently looking for full-time employment before seeking a separation. I have the option of pursuing a low-paying position with a school (school work schedule) or a higher-paying position (office, etc.) that is year-round with some evening/weekend work hours. My spouse works an 8-5 M-F job.

  1. When determining who is granted primary physical custody, is it more important to have a lower-paying position where I can be physically present for my children (I would be home by 230/300 pm every day for homework, home-cooked meals, available for sports games/practice, etc.) or is it more important that I have a higher income level, but work some nights and weekends (every Saturday and a couple weeknights per week)?

  2. I have a formal background as an RN, worked for one year, then suffered a back injury (3 years ago). I have not returned to this line of work since. Will I be expected to seek a position as an RN if this is technically my highest earning potential?

  3. How does/does not any of this affect child support/alimony? The child support calculators makes it sound like I would receive $65/mo if I took the lowest paying job (even tho my spouse would make 3x what I’d be making). If this is the case, there is no way I could support us and I would have to seek a higher paying position.

  4. Lastly, with seeking primary physical custody, I think I would need to reside in my child’s current school district. Is this correct? Also, is there a required income/mortgage ratio when it comes to keeping the house?

My priority has always been to have a parent physically present in the child’s life, as I believe this nurtures their emotional development, but this might not be feasible following a separation and divorce.

Thank you for your time.

2

Also, while I understand that NC is typically a 50/50 state, it is also my understanding that often, for the sake of a consistent schedule, one parent tends to have the children in their physical custody more often than the other. And this is what I’m referencing here. Correct me if I’m wrong.

3

(1) A parent’s income is irrelevant when deciding on custody schedules. A custody schedule is generally based around each parent’s work schedule and the children’s school and activities schedule. A custody schedule needs to be in the best interests of the children, and this the key factor. A parent’s income however, does come into play for child support.

(2) You will not be expected to seek a position as an RN if you have not worked in that field for some time and you have good faith reasons for not doing so (for example, back injury, wanting to be a stay at home parent, etc.). However, you do not want to be underemployed for a bad faith reason.

(3) Each parent’s monthly gross income is used to calculate child support, and this based on the custody schedule (primary custody with one parent or joint custody to both parents). If, with the lower paying job you would not be able to make ends meet even with child support, then you will need to consider the higher paying job. The purpose of alimony is to help the dependent spouse with his or her maintenance and support at the standard of living the parties grew accustomed to during the marriage. The more you earn, then generally the less you will receive in alimony. But keep in mind that alimony is generally not permanent.

(4) A parent can reside where they wish, but it is generally best to live within the same school district so that the children will not have to switch schools while in the midst of their parents separating. There is no required income/mortgage ratio when it comes to one spouse keeping the marital residence. Generally the spouse that is keeping the marital residence must be able to refinance the mortgage on his or her own and become solely financially responsible for the house.

(5) While 50/50 custody is the “norm,” sometimes parents will have primary custody and one parent will have visitation or secondary custody. In these situations, it is usually because of a parent’s work schedule, travel obligations, agreement by the parties, in the best interests of the children, etc., any of which may a 50/50 custody schedule impossible. Most of the time however, a joint custody schedule is attainable.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

4

Thank you for your prompt attention and detailed response. It is most helpful. I have another question if you don’t mind. I think perhaps I’m not calculating the child support estimate correctly. Can you give me a better idea of what is included in “child expenses.” For example, would I estimate a monthly food cost, shoes, clothing, sports, etc.? Being clear on this will help me to make an informed decision on a career path. Thank you.

5

You will not input children’s expenses into the child support calculator unless it is an extraordinary expense. An extraordinary expense for child support purposes are special education or private school costs to meet a child’s particular education needs and/or transportation costs between each parent’s residence. Even then, to be added in the child support calculator, these expenses must be reasonable, necessary, and in the children’s best interests. In the majority of cases, extraordinary expenses are not part of the child support calculation.

The monthly child support payment that is received by one parent is to help with the basic, everyday needs of the child (for example, food, clothing, etc.).

If you are not already, be sure to use our child support calculator to give you an idea of which child support might look like in your situation.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.