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Do I Still Have to Pay Child Support if my Spouse and I Split Custody?

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Publish Date: 02/17/2014

This is a typical question asked quite regularly by parents who are deciding how to share custody of their children post-divorce. In fact, it is not uncommon for some parents to initially choose a split parenting arrangement, because of their belief that splitting custody will alleviate both parents to the obligation to pay child support. As these parents eventually find out however, split parenting does not automatically relieve either parent of the child support obligation.

In a nutshell, split custody or split parenting occurs when one parent obtains primary physical custody of at least one of the parents' children, and the other parent obtains primary custody of at least one of the parents' other children. See O.C.G.A. § 19-6-15 (a)(21).

Additionally, according to Georgia law, in split parenting matters separate child support worksheets must be prepared for each parent, a worksheet for the child or children for whom the father is the custodial parent and one for the child or children for whom the mother is the custodial parent. See O.C.G.A. § 19-6-15(l). Thus, the child support obligations of each parent are not cancelled out by a split parenting arrangement, but in fact, in a split parenting arrangement, there is a high likelihood that both parents would be ordered to provide the other parent with some form of support.

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