What is considered primary physical custody?

[sddad]

What is the name of your state? CA

I currently have split joint custody of my two children 50/50 with my ex. What is considered primary physical custody for either parent with regards to percentage? 60/40, 70/30 or is there a percentage breakdown that defines one? Say that one of us has primary physical custody of the children does this change in the calculation of child support?

Thanks.

 

[ezmarelda]

What is the name of your state? CA

I currently have split joint custody of my two children 50/50 with my ex. What is considered primary physical custody for either parent with regards to percentage? 60/40, 70/30 or is there a percentage breakdown that defines one? Say that one of us has primary physical custody of the children does this change in the calculation of child support?

Thanks.

If you have a true 50/50 then "primary physical custody" would not change CS at all. My thought is that it would be used only to designate a school district or something of the like.
However my thoughts are not always clear...maybe casa will be along to unmuddy the waters if I'm wrong.

 

[CJane]

In a shared income state, the % of time that each parent spends with the child is factored into the child support determination, so yes... it can change the amount.

Whether or not a parent is 'primary' does not necessarily affect CS. My ex and I have the kids on a 60/40 sched w/me having them 60% of the time. Given the difference in our incomes, he'd pay me a bit even if HE was primary.

That said, primary is usually the person whom the children live with most often, or in a true 50/50 schedule, the parent whose address they use for school purposes.

 

[sddad]

In a shared income state, the % of time that each parent spends with the child is factored into the child support determination, so yes... it can change the amount.

Whether or not a parent is 'primary' does not necessarily affect CS. My ex and I have the kids on a 60/40 sched w/me having them 60% of the time. Given the difference in our incomes, he'd pay me a bit even if HE was primary.

That said, primary is usually the person whom the children live with most often, or in a true 50/50 schedule, the parent whose address they use for school purposes.

Is CA a shared income state? Anyone?

CJane - I see you have the 60/40 split. How does your schedule work for you guys if you don't mind me asking. I am trying to get some ideas what compromise would be appropriate so that the kids can be still involved in both of mine and my ex's lives given that the kids will be with one of us for school purposes during the school year. Thanks.

 

[TinkerBelleLuvr]

Do you live in the same school district? Or near enough that either of you can get/pickup from school?

 

[sddad]

Do you live in the same school district? Or near enough that either of you can get/pickup from school?

We are only minutes away from each other at this time and the current agreement is working fine. The kids are doing fine in the same school district. She is now contemplating on the move an hour away outside of the city district and we are trying to come up with a reasonable work around without having to go to court.

 

[CJane]

We are only minutes away from each other at this time and the current agreement is working fine. The kids are doing fine in the same school district. She is now contemplating on the move an hour away outside of the city district and we are trying to come up with a reasonable work around without having to go to court.

Yes, CA is a shared income state.

My schedule wouldn't work for you if Ex is an hour away. I have my kids from 8pm on Sunday til 8am on Wednesday. Ex has them from 8am Wed to 8am Friday. We alternate 8am Friday to 8pm Sunday. The furthest we've lived from each other is 40 minutes and it WASN'T fun to be the parent providing transportation to school every day... so I moved back to where we're within 8 miles of each other.

For the distance you're talking about, I would be willing to do an every other weekend/1 day/week during the school year and then switch it in the summer.

 

[Calimom3]

My schedule is....

sddad, Maybe this will help..

I live about 45 miles (1 to 1-1/2 hour depending on LA traffic) away from my kids. EH has them during the week for school. I see them once during the week, after school until 8:00 PM and then 3 weekends a month. This switches during the summer so they are with me during the week, and EH has them 3 weekends a month. I have all of spring break and alternate Thanksgiving and Christmas holidays.

 

[sddad]

sddad, Maybe this will help..

I live about 45 miles (1 to 1-1/2 hour depending on LA traffic) away from my kids. EH has them during the week for school. I see them once during the week, after school until 8:00 PM and then 3 weekends a month. This switches during the summer so they are with me during the week, and EH has them 3 weekends a month. I have all of spring break and alternate Thanksgiving and Christmas holidays.

Thanks Calimom3 - That helps a lot in a suggestion that might work. To further my question for you. In this arrangement what is your Child support arrangement like? Is he paying you or you paying him. Without going into specifics. How much disparity between his income and yours. I assume he makes more? I could be wrong. The way I see it is that your EH has about roughly 60% physical custody of the kids counting all the days in the year and being in CA the physical percent time with children counts against CS right? Thanks for sharing and trying to help.

 

[Calimom3]

Thanks Calimom3 - That helps a lot in a suggestion that might work. To further my question for you. In this arrangement what is your Child support arrangement like? Is he paying you or you paying him. Without going into specifics. How much disparity between his income and yours. I assume he makes more? I could be wrong. The way I see it is that your EH has about roughly 60% physical custody of the kids counting all the days in the year and being in CA the physical percent time with children counts against CS right? Thanks for sharing and trying to help.

In my case, my EH would have paid me a minimal amount of CS. We negotiated that I would be able to claim one of the children (we have 2 kids) on my taxes in lieu of CS. This worked in my case because our incomes were fairly close to each other and I actually receive more per month from the deduction on my paycheck that what CS amount would have been.