How parents divide child support in joint custody
Parents can agree between themselves on child support in joint custody and on the amount to be paid for the minor. The arrangement can be part of a divorce agreement or a separation agreement, whether the couple has divorced, separated, shares parenting, or had a child outside of marriage. The agreement is then brought to the Family Court for approval. If the agreement served the parents’ interests rather than the best interests of the minor, and the court approved it formally without holding a hearing on the support question, the minor can later file a support claim against one or both parents through an adult acting on his behalf, despite the existing agreement. Parents can also settle child support in joint custody through a properly drafted arrangement, signed before a lawyer or approved by the Family Court, and in this way protect their rights.
Paying child support in joint custody
When the parents want to split child support equally in a joint custody arrangement, both should earn the same salary or close to it, and each pays according to financial ability. For example, one parent can carry the cost of rent, clothing, and food, while the other covers the rest, such as classes, workshops, kindergarten, school, and day-to-day expenses. In practice, the parents transfer money between them to cover the expenses, and one of them is designated as the responsible parent who manages the payments, so that both carry the burden together. The Family Court determines which parent will be the responsible one.
How the court sets child support in joint custody
When child support is paid within joint custody, the Family Court sets the arrangement with both parents present, after examining the circumstances and the income of each of them. The right to child support belongs to the child, not to the parents, so any decision by the court or by the parents must put the child’s best interests first. The amount is set by the parents together, and if they cannot agree, it is possible, and often advisable, to file a child support claim and let the court decide how much is to be paid.
Who bears the support burden in joint custody
Under a newer Supreme Court ruling, a Jewish father bears full responsibility for child support until the child turns 6. From age 6 until the child reaches adulthood, both parents share responsibility for child support in joint custody. The division aims at 50% equality between the two parents, so that both carry the payment burden between them, in accordance with the ruling of the Family Court.
