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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10259
Experience:  Experienced Family Law Attorney
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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:

Expert:  LegalGems replied 1 year ago.

Here is a link to locate an attorney:

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

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