Joint physical custody and child support

Child support in the case of joint physical custody is assessed individually. In the sense of Section 24 (2) of Act No. 36/2005 Coll. on the Family and on amendments and supplements to certain acts, when assessing the matter, the court determines whether joint physical custody is in the best interest of the child and, in particular, whether it is the most suitable solution within the scope of securing the child’s needs.

In the case of joint physical custody, the Family Act takes into account, in particular, the length of the intervals of the joint physical custody; therefore, as we mentioned above, the determination of child support is individual pursuant to Section 62 (6) of the Family Act. The court does not necessarily have to determine child support; it may be omitted in the case of joint physical custody. The court decides on the basis of what is most suitable in the given case for the child and for securing their needs and life.

The issue of child support in joint physical custody is addressed primarily when the property relations of the parents are disparate. The child is entitled to live under the same conditions with both parents. Therefore, the court takes into account the income of both parents, and in cases where one of the parents has a significantly higher income, which is proven directly in court, the court determines child support in most cases. This is also confirmed by the provision of Section 62 (2), on the basis of which: “Both parents contribute to the maintenance of their children according to their abilities, possibilities, and property relations. The child has the right to share in the standard of living of the parents.“

In the sense of the cited provision, it can therefore be noted that the most important element when determining child support in joint physical custody is maintaining the child’s standard of living at the same level with both parents.