Child custody arrangements can have a significant impact on child support payments in New York. Specifically, when parents share custody of their children, the amount of child support owed by one parent to the other may be reduced. In this blog post, we will explore the impact of shared custody on child support payments in New York.
What is shared custody?
Shared custody, also known as joint custody, is a custody arrangement in which both parents have significant periods of physical custody of their children. In New York, shared custody is defined as each parent having the children for at least 41% of the time.
How does shared custody affect child support payments?
When parents share custody, the amount of child support owed may be reduced. This is because both parents are contributing to the children’s needs and expenses. In New York, child support is calculated based on a formula that takes into account both parents’ incomes and the number of children they have.
When parents share custody, the formula is adjusted to reflect the fact that both parents are contributing to the children’s needs. Specifically, the formula takes into account each parent’s income, the amount of time each parent has physical custody of the children, and the number of children they have.
For example, let’s say that a father and mother have two children and both earn $50,000 per year. If the mother has physical custody of the children for 100% of the time, the father may be required to pay $758 per month in child support. However, if the parents share custody of the children and each has the children for 50% of the time, the father may only be required to pay $509 per month in child support.
It’s important to note that the amount of child support owed can vary depending on the specific circumstances of each case. Additionally, the court may deviate from the standard child support formula if there are unique factors that need to be taken into account.
What factors are considered when determining child custody?
When determining child custody in New York, the court considers several factors, including:
- The child’s age and health
- Each parent’s ability to provide for the child’s basic needs, such as food, clothing, and shelter
- Each parent’s ability to provide for the child’s emotional and intellectual needs
- The child’s relationship with each parent
- The parent’s ability to cooperate and communicate with each other
- Any history of domestic violence or substance abuse by either parent
The court’s primary consideration when determining child custody is the best interests of the child. This means that the court will consider all relevant factors and make a decision that is in the child’s best interests.
If you are a parent who is considering shared custody or joint custody, it’s important to understand the potential impact on child support payments. Shared custody can be a positive arrangement for both parents and children, but it’s important to be aware of the financial implications
It’s also important to note that child custody and support arrangements can be complex and emotionally charged. If you are going through a divorce or separation and need assistance with child custody and support issues, it’s recommended that you seek the advice of an experienced family law attorney.
In addition to legal assistance, there are other resources available to parents who are navigating child custody and support issues. For example, New York State provides a Child Support Helpline that can answer questions about child support calculations, enforcement, and modification.
Shared custody can have a positive impact on both parents and children. It allows both parents to maintain a meaningful relationship with their children and share the responsibility of raising them. If you are considering shared custody or joint custody, it’s important to consult with an attorney and understand the potential impact on child support payments. With the right support and guidance, you can create a custody arrangement that works for everyone involved.
As a family law firm that specializes in child custody and support issues in New York, we at Jean M. Mahserjian, Esq., P.C. can provide legal assistance and guidance to parents who are navigating the impact of shared custody on child support payments. We have extensive experience in handling cases involving shared custody and child support payments and can review your specific circumstances to determine the best course of action for your family.
If you are already in the process of a custody or support case and need legal representation, we can advocate on your behalf and protect your rights and interests. We can work with you to negotiate a fair and reasonable child support agreement or represent you in court if necessary.
In addition to legal representation, we understand the emotional toll that child custody and support issues can have on families. That’s why we provide compassionate and personalized service to every client and strive to provide emotional support and guidance throughout the process.
If you need assistance with child custody and support issues in New York, we can provide the legal expertise, guidance, and support you need to achieve a positive outcome for you and your family.