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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am interesting in retaining a lawyer to lower my

Customer Question

Hello, I am interesting in retaining a lawyer to lower my child support of over $4000 a month. Been divorced now for 2.5 years. Can I get my child support significantly lowered if my children stay with me 50% of the time vs the 1 – 2 days a week I currently get them now? They are currently 4 & 6 years old. I am debating on whether or not I should be living in the same school district so split custody can be more likely to be awarded and thus allowing my child support to be reduced. My ex just took the kids and moved to Bay Shore and I don't know if I should move there as well.
Wanted to get your feedback on this first and then see if it makes sense to retain a professional.
Please advise as best as you can & Thank you again,
Brian Huber
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.I am sorry to hear about this situation. Please note that JustAnswer experts cannot take customers on as clients; we only provide general information. So I can explain what someone in your situation may or may not be able to possibly do with child support and then help you by linking you to a referral service. Is that acceptable?
Customer: replied 1 year ago.
That is acceptable.
Expert:  Ely replied 1 year ago.
Thank you. Child support in NY is based on who is the managing custodian, and not how many HOURS or DAYS a child spend with the parent. See: http://www.alllaw.com/calculators/childsupport/new_yorkAs such, what one wants to do is to go to court, and become custodial parent. This normally means 51% or over. Formally via the Court - so this means modification.The visiting parent pays child support to the custodian, unless the custodian declines it.So this is what has to be done. The court has to be convinced, in order to modify custody, that: (a) there has been a significant change of circumstance, and (b) it is in the best interest of the child.May I recommend the NY Bar referral program? The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP:https://www.nysba.org/lawyerreferral/I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
Thank you but I'm not looking to become the main custodial parent. I'm looking to have complete equal shared custody. 50-50.
Expert:  Ely replied 1 year ago.
Not a problem. And this still can be done. The issue is that "50/50 parents" is a misnomer. A parent is almost ALWAYS nominated to be the "custodial" parent, which can make the decisions in case of a tie, etc, for education, medical, etc. This parent normally then receives child support from the other.So one still may wish to do this even if the custody time would be 50/50.Makes sense?Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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