When parents divorce, one parent may assume they are more likely to get primary custody of their child because they earn more money than their spouse. Perhaps they have been the main breadwinner for years. They are already supporting the family, and their high income means it will be easy for them to provide financial stability for the child after the divorce.
But do income levels actually affect child custody decisions by courts? They can, but they are typically not a deciding factor and may not have as much influence as people assume—unless it is an extreme situation.
Creating stability for the child
The court considers many different factors, including finances, parental roles, criminal records and more. However, the main goal is to create safety and stability for the child.
For instance, perhaps you earn $1 million a year. This is significantly more than the $80,000 per year that your spouse earns. But both of you have sufficient income to provide for the child’s needs and give them a stable living situation. Even though you make vastly more than your spouse, the court probably won’t take that into account when determining child custody.
On the other hand, if your spouse is unemployed and has no income, that could affect the custody situation. Can they provide housing, food, clothing and other necessities?
However, courts can use spousal support or child support to balance the financial impact. So even if your spouse does not have a job after the divorce, they may still share custody, especially if they are expected to re-enter the workforce in the next few years.
The financial side of a divorce can be very complex. Be sure you know how the law works and what your rights are. Having experienced legal guidance is important.