Question 1

Is there child support in shared custody?

Accepted Answer

Yes, child support can be set even in shared custody arrangements. The principle is that each parent contributes in proportion to their income. If incomes differ significantly, the higher-earning parent may be required to pay compensatory support. The judge considers actual expenses incurred by each parent (housing, food, activities) and the income gap. In practice, the amount is generally lower than in standard custody, typically reduced by 50% compared to the standard scale.

Question 2

How does shared custody work for taxes?

Accepted Answer

In shared custody, tax benefits related to children are shared between both parents. Each parent receives a half tax credit per child (instead of a full credit for the custodial parent in standard custody). School fees, cafeteria costs, and extracurricular activities can be shared or divided according to the parents' agreement or the judge's decision. Child support paid in shared custody is not tax-deductible for the paying parent, unlike in standard custody.

Question 3

What conditions are needed for shared custody?

Accepted Answer

Shared custody can be established if both parents wish it or if the judge deems it in the child's best interest. Main criteria include: geographical proximity of homes (ideally in the same school district), parents' availability, communication ability between them, the child's age and wishes (taken into account from about 10-12 years), and the stability of the living environment offered by each parent. The judge may order a social investigation or family mediation before ruling.

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⚠️ Aviso - Derecho de familia

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