New Joint Parenting: For Love Not Money

Fifty – fifty custody. Why doesn’t it make dollars and cents? The trends towards joint shared parenting are spiking. Since 1994 we have seen over 25 years worth of increased fathers right’s and a push towards joint-shared parenting. In fact, Westchester, Yonkers, and some of Manhattan now pre-suppose that there will be joint shared parenting as a starting point. Nassau is far behind that and Suffolk is even further from this proposition. Queens and Brooklyn remain in the middle.

After 19,000 successful divorces over the last 20 years we have learned that if you are seeking joint shared parenting as a way of reducing child support, you have a difficult case. You may win a reduction but it will be as a result of the strength and trial readiness exhibited by your lawyer at the time of negotiations. We have 12 full time lawyers on staff and our strength is unmatched in numbers and experience. We are always trial ready. However, the prevailing rule is as follows: whoever makes more money will pay full child support, or what is currently known as “full boat” child support, under the laws controlling joint parenting. Child support is 17% of a non-custodial parent’s slightly adjusted gross income. This means that if there is joint shared parenting and one parent makes $50,000 and the other $55,000, the one that makes $55,000 pays 17% of their slightly adjusted gross income to the one that makes only slightly less, unless they hired a law firm who can negotiate a better deal.

It takes more money to establish separate households and the children may benefit from the separate households. Almost 90% of our client’s make agreements concerning joint shared parenting that do not result in “full boat” child support of one parent to another. However, the law is clear in this subject and negotiations are based on what is best for the children at any given point.

If you have a divorce or family law question or problem we offer free consultations in connection with selective matters. We can be reached at (631) 424-3597 or contact us online.

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