Dear Guru:
I don't quite understand your example of the parents with equal income but a $1,000/$2,000 child support differential. The real problem/solution is where the parents don't have the same income. Consider Father noncustodial with 2 children who are twins in the middle age bracket and Father's child support income is $10,000 and Mother's is $1,000.00. Father's child support payment to Mother is $2,021.69 and Mother's child support payment to Father is $202.17.
First, if you were one of the twins, whom would you want to live with. I would pick Father. In the worst case scenario, he is liable for only $2,021.69 in child support assuming that Mother initially has residential custody of the twins and it is going to take some time to see if the move of one of the children would work out. Father has $10,000 minus $2,000 or $8,000 pretax for him and me while Mother has $1,000 plus $2,000 pretax for her and my twin. Sure there are some tax issues but Father and I living on $4,000 a head compared to Mother and my twin living on $1,500 a head-guess where I pick. In this example just looking at the standard child support of $2,021.69 to Mother with 2 children, Mother gets instant poverty along with the 2 children as $3,000 for a family of 3 is $1,000 a head and this is under the Guidelines child support.
The reason for Father paying Mother 20% of his gross which is 200% of her gross is so she can put hamburger on the table.
Now let's go to the divided custody which means that Father's child support is $2,021.69 minus $202.17 or $1,819.52. First, I doubt that Father is going to have a victory dance. He gets me full time for a $202.17 savings in child support? That sucks. In effect he goes from $8,000 a head to $4,000 a head. However, Mother goes from $1,000 a head to $1,500 a head. She can now afford a better quality of hamburger for her and my twin.
Now to the shared custody where Father's child support is now $909.76. What is different with the shared custody is that each child gets a shot at Father's higher income. Let me do the steak/hamburger analogy again. I live with Father and my twin lives with Mother in a divided custody arrangement. I will get a better meal than my twin but Father's $1,819.52 child support will allow Mother to occasionally get some steak for her and my twin.
Now switch to shared custody. Suddenly I don't get steak every night and my twin doesn't gets a good grade of hamburger every night. When both of us are at Father's 1/2 the time, all three of us get even better steak because the child support decreased. When both of us are at Mother's1/2 the time, all three of us get even a lower grade of hamburger because the child support decreased. But both of us twins get the same food, it just really varies more between the homes when there is shared custody rather than divided custody. But why shouldn't Father have the joy of watching us eat steak rather than pay Mother more child support so she gets that joy. Remember child support is for the child and not to improve the custodial parent's life style.
Of course, you know that the poverty of Mother is just a fact of life. You hit the nail on the head with the idea of spousal maintenance. Interestingly, any spousal maintenance from Father decreased his child support income and thus his child support and any spousal maintenance to Mother increases her child support income and thus further reduces Father's child support so as spousal maintenance goes up, child support goes down. It's just a matter of running the numbers to see the effect.
Finally, I just work here. I have no idea what is the actual reasoning or if there is any behind these rules.
djmlaw.