Legal Question in Family Law in New York
child support vs custody
i was recently told that in a situation where custody is joint and one spouse earns more money that the other, the one that earns more would pay child support to the one that earns less regardless of whom has residential custody. was i misled or is this true?
i believe the case law referenced was something like barnaby v. same or something that sounds like that, however i am unable to find any information to substantiate this claim.
Any advise that you can provide would be greatly appreciated.
Thank you in advance for your time
2 Answers from Attorneys
Re: child support vs custody
If there is an equal time split between the parents, then the parent with the higher income will be deemed the non custodial parent for purposes of child support.
Daniel Clement
Re: child support vs custody
Mr. Clement is off-base. You're referring to the "Baraby" case. If there is joint (legal) custody, the court looks to who has the majority of physical time with the child. Only if the paents have equal time, that is, neither has a majority of time, does the court then deem the lower earner the non-custodial parent for support purposes. Call or e-mail my office if you wish to discuss the line of cases.
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