We have a number of cases where our client shares custody with the other parent. By sharing custody, the parties have an equal schedule with the children. Under the current New York State Child Support Statute, there is not statutory framework for how child support will be paid. In fact, the New York Court of Appeals has stated that, in such an instance, the parent who is earning more money is deemed the non-custodial parent, and the non-custodial parent pays Child Support. However, the courts have the discretion to reduce Child Support paid by the non-custodial parent, if it would be unjust or improper for them to order full support.
In cases of Shared Custody, that often does occur. We have many cases where the parents negotiate a shared custodial arrangement. In lieu of negotiating a set Child Support payment, they sit down and analyze the full cost of raising their children. They will work out how those expenses will be paid by the parents, which may include a periodic payment to assess the parent who is earning less money, or it may encompass the sharing of expenses. It is quite common for this to occur in a shared custodial arrangement case.