Legal Question in Family Law in New York
amount of child support where there is joint custody
In a situation where there is joint custody,how is the child support formula affected and are there other factors that can determine the amount in a joint custody situation? Such as one parent paying all medical and dental expenses.
1 Answer from Attorneys
Re: amount of child support where there is joint custody
"Joint Custody" with the child's primary residence with one parent, rarely affects the CSSA formula. To wit: the parent with primary residence receives the "formula" child support amount unless otherwise agreed, by the parties.
An instance where the parties might vary the formula application is a case where both parents are equally sharing daily, weekly or monthly child care responsibilities, ie., school, meals, homework, bathing, activities, transportation and so forth, although the primary residence is listed as with parent receiving the child support; or where the primary resident parent's income is substanially greater than the other parent's income.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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