If a parent has sole or primary physical custody of the children, then not only does that parent typically not end up having to pay child support to the other parent, but the other parent will almost always end up being ordered to pay child support to the custodial parent.
It is the desire to pay no child support or the desire to receive child support payments that often motivates parents to seek sole or primary physical custody of children.
Child support is based upon two main factors: 1) the number of overnights the children spend with each parent annually; and 2) the gross monthly income of each parent.
If, for example, the children spend approximately 110 overnights or fewer with the noncustodial parent each year, and if the noncustodial parent either earns more than the custodial parent, Utah’s child support calculation guidelines will result in the noncustodial parent paying what is known as base monthly child support to the custodial parent because of these factors. Once I explain this, the next question is often, “Then what happens if the parents are awarded equal physical custody (50/50) of their children?”
Even if the parents are awarded equal physical custody (50/50) of their children, If one parent’s gross monthly income is greater than the other’s, then that equal custodial parent will still pay child support to the parent whose gross monthly income is the lower of the two. But as many of you may have guessed, however, the amount of child support that an equal physical custodial parent will pay to the poorer of the two will be much less than if child support were calculated in a situation where one parent exercises custody of the children for a majority of the overnights annually.
The best way to illustrate these principles is to with some hypothetical scenarios.
Let’s say that dad grosses $5,720 per month in income. And let’s say that mom grosses $4,210 per month, and that Mom and Dad have three minor children.
Hypothetical scenario #1:
If Mom is awarded custody of the children* based upon the statutory minimum amount of parent time (Utah Code § 81-9-302), that would result in the children spending approximately 90 overnights with Dad each year, and based upon the Utah child support calculation guidelines, his base monthly child support obligation to mom would be $1,104.00 per month.
Hypothetical scenario #2:
If Mom is awarded primary physical custody of the children based upon the “optional” schedule for parent time (Utah Code § 81-9-303), that would result in the children spending approximately 145 overnights with Dad each year (this is considered joint physical custody because anything over 110 overnights and less than 182.5 overnights for Dad in this scenario is defined as joint physical custody under Utah law), and based upon the Utah child support calculation guidelines, his base monthly child support obligation to mom would be $759.00 per month.
Hypothetical scenario #3:
If Mom and Dad are awarded equal physical custody (which is defined as either 182.5 overnights per parent or as one parent exercising 182 overnights annually and the other parent exercising 183 overnights annually), then Dad’s base monthly child support obligation to mom would be:
$163.00 per month, if Dad exercises 182 overnights
$146.00 per month, if Dad exercises 182.5 overnights
$128.00 per month, if Dad exercises 183 overnights
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Fun fact:
Now just to show you what can happen in highly unusual situations, let’s utilize a new hypothetical situation. Assume in this situation that Mom and Dad are awarded joint physical custody of the children, with Mom having more overnights with the children than Dad does but Mom has an unusually high gross monthly income, say $18,320 per month, while Dad still grosses $5,720 a month. Even if Mom were awarded more overnights with the children annually than Dad was awarded, Mom would end up paying Dad child support.
* Please note that there is no requirement in the law that mothers be awarded custody of children. There are many people who believe that when a couple divorces or if an unwed couple has children and then separates, custody of the children is always awarded to the mother. That is not true. There is no legal requirement or presumption that custody of children be awarded to mothers. While custody of children is still primarily awarded to mothers in the majority of child custody cases (which is sometimes justified and in many cases not justified), there is no law that presumes or requires the primary or sole custody of children will be awarded to mothers. There are also many people who are not aware of the fact that joint physical custody or even equal physical custody awards are options in child custody disputes. If you are going through a child custody dispute and fear that you and your children will not spend enough time together as they should, please consult a good (a good) divorce and family law attorney to find out what your options may be in your particular situation.
Utah Family Law, LC | divorceutah.com | 801-466-9277