Under the new Child Support Guidelines (June 2020), if I have joint custody, do I still have to pay child support?  Probably, but there are exceptions.

Arkansas courts follow Administrative Order No. 10 when deciding child support issues. The Court will normally follow the Child Support Worksheet amount when ordering child support.  But the court can decide other factors to support a deviation (change) from that amount.

When deciding to change from the Child Support Worksheet amount, the court must consider all the important factors, including what is in the best interest of the child(ren).  These are factors a court will consider:

• Educational expenses for the child(ren);

• Amount of life insurance, dental insurance, or other insurance for the child(ren)’s benefit;

• Extraordinary travel expenses for court-ordered visitation;

• Significant available income of the child(ren);

• Creation of a trust fund for the child(ren);

• Amount of support given by a parent in the absence of a court order;

• Extraordinary time spent with the parent paying;

• Additional expenses that happened because of the natural or adopted child(ren) living in the home;

• Other expenses, if not included in the worksheet; and

• Any other factors that would be important for a change.

When parties share custody (each parent has the child(ren) for at least 141 overnights per calendar year), the court may consider the time spent by the child(ren) with the paying parent as a basis for adjusting the child support amount. 

The court should also consider the disparity between the income of the parties and which party is responsible for fixed expenditures (everyday clothing costs, costs for extracurricular activities, school supplies, etc.)

Example:

John and Jane Doe are divorced.  They have 2 children and are awarded joint custody, exchanging the children week to week. Both parties are employed.  Neither parent has any other children they pay support for.  Jane Doe, the parent receiving money, earns $2150/month before taxes, and John Doe, paying parent, earns $2580/month before taxes.  Together their income is $4730/month.  The child support amount on $4730 combined income for 2 children is $1027/month.  Jane would be responsible for $466.77 per month and John would be responsible for $560.23 per month. 

The children receive AR Kids First health insurance and do not have any extraordinary medical expenses.  The parents equally divide after-school care costs (work-related child care expenses) of $400/month.  

John Doe has a support obligation of $578/month or $134.42/week.  John could be ordered to pay that amount. But, if John also proves to the court that he pays for extracurricular activities, school supplies, and/or school clothes AND with the difference of John and Jane’s income is less than 10%, a strong argument could be made for neither party paying child support.

You can access Administrative Order No. 10 and the Child Support Worksheet by going to www.arcourts.gov.

If you have questions or concerns about your child custody arrangement, contact an attorney of your choice or call our Helpline at 501-376-3423.

AUTHOR: JENNIFER STONE, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES