How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7438
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

In NYS If there is shared custody say 50/50 do you cut the

Customer Question

in NYS If there is shared custody say 50/50 do you cut the Support numbers in half? Do her earnings count at all in the equation? I earn about 400K a year and she earns about 100k or so.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I'm not sure if you saw the other post:

But no, visitation does not generally factor in.

Expert:  LegalGems replied 1 year ago.

I'm looking at a case and will be back momentarily.

Expert:  LegalGems replied 1 year ago.

Thanks for your patience.

In Bast v. Rossoff, a custodial parent who has the child a majority of the time cannot be directed to pay child support to a noncustodial parent. So since the statute orders the noncustodial parent to pay, parenting time does come into play if the higher earning parent is also the custodial parent; because in that scenario, according to the above case, support cannot be ordered.

But other than that, parenting time is not a "factor" in the sense that it reduces support.

Expert:  LegalGems replied 1 year ago.

This is from NYC but the material is applicable throughout the state - it explains the process for child support:

http://www.nycbar.org/pdf/childsupport.pdf

Expert:  LegalGems replied 1 year ago.

--------------------------------------
Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!

Related Family Law Questions