Does joint legal custody increase child support for nonmarital children?

Abstract

Nonmarital children account for two fifths of births in the US, and close to two thirds of these children do not live with their fathers by age five. Although nonmarital children primarily live with their mothers, joint legal custody has emerged as an option for their parents. Parents with joint legal custody are expected to make major decisions for their child together, regardless of their prior marital status. This study investigates whether joint legal custody increases child support payments in the first year of a child support order among fathers of nonmarital children who live with their mothers, using a unique sample of court records in 2000–2009 in Wisconsin. It finds consistent and statistically significant positive associations across different methods; joint legal custody is associated with higher child support payments by about $170 a year and a higher compliance ratio by 5 percentage points. Paying child support is only one way nonresident parents can contribute to their children. Therefore, more studies are needed to understand whether and how joint legal custody affects other aspects of parenting and conditions under which it should be encouraged.