50-50 Parenting Schedule and Still Owing Child Support

By Jedidiah McKeehan

jed@attorney-knoxville.com

Many parents assume that if they share custody of their child equally—meaning each parent has the child half of the time—then no one will owe child support. That sounds logical, right? If both parents have the child the same amount of time, then both are doing their fair share.

But in Tennessee, a 50/50 parenting plan does not automatically eliminate child support obligations. That might come as a surprise, and it often does to parents going through custody cases.

In Tennessee, parenting time is typically laid out in a Permanent Parenting Plan. This plan sets the schedule and assigns “days” to each parent, which the court refers to as “days of residential parenting time”—not hours. So, if the child sleeps overnight at a parent’s house, that usually counts as a day. A 50/50 split generally means each parent has the child for 182.5 days out of the year.

Child support in Tennessee is not determined by parenting time alone. The state uses a formula-based system called the Income Shares Model, which considers the gross monthly income of both parents, the number of overnight days each parent has, the cost of health insurance premiums and work-related childcare, and whether either parent is supporting other children.

Even in a 50/50 arrangement, if one parent earns significantly more than the other, the higher-earning parent may still owe child support to the other parent. This is because Tennessee law assumes that children are entitled to benefit from the financial resources of both parents—not just the time spent with them.

Let’s say Parent A makes $90,000 a year and Parent B makes $35,000. Even with an exactly equal parenting schedule, the child’s standard of living would be very different between households if support were not adjusted. In that situation, Parent A may still be ordered to pay child support to Parent B to balance out the financial support the child receives.

If both parents make roughly the same income and the parenting time is truly 50/50, then child support may be minimal or even zero. But this is the exception, not the rule. And remember: even a small income difference can lead to a support obligation.

Do not assume that equal parenting time means zero child support. In Tennessee, child support is based on more than just time—it is about income, expenses, and ensuring the child’s needs are met in both homes. If you are considering a 50/50 parenting plan or think your current child support amount is unfair based on how much time you have with your child, speak with an attorney. A legal review of your situation using the state’s child support worksheet can help determine what is fair and lawful.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about  legal issues.