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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5751
Experience:  20 years of professional experience
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If me and my ex have joint custody of our boys and have them

Customer Question

if me and my ex have joint custody of our boys and have them equil amounts how much money does she have to make so I wouldn't have to pay her support
Submitted: 6 months ago.
Category: Family Law
Expert:  Maverick replied 6 months ago.
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Expert:  Maverick replied 6 months ago.
ANSWER:The child support statute is written in terms of custodial and non custodial parent, and is silent with respect to joint custody.When a child spends equal time with both parents, the Third Department case of Baraby v Baraby held that in order to comply with the steps under DRL 240, the parent with the greater income shall be deemed the non custodial parent, while the custodial parent shall be the parent with the lesser income. So if she has less income, then you would be the non-custodial parent; and the opposite is also true. Based on the above, then you would use this link to calculate child support.

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