The Interplay Between Child Custody and Child Support
While some states adjust child support obligations to reflect the percentage of time that the paying parent has custody of the child, this is not the case in New York. New York’s child support guidelines do, however, indirectly take custody issues into account. For example:
- The parent who has less than 50 percent custody of a child is usually liable for support, regardless of the parents’ relative incomes. This means that a parent with, say, 30 percent custody must pay support even if the other parent has a higher income.
- When the split of custody between parents is around 50/50, the parent with the higher income is usually liable for support.
Strict application of these principles can sometimes yield an unfair result. Fortunately, New York family court judges have discretion to deviate from the guidelines to avoid injustices. Experienced Nassau County child support attorneys such as Bryan L. Salamone and his associates can advance your interests by presenting a compelling case for deviation from the guidelines.