Legal Question in Family Law in New York

Can both parents be listed as "non-custodial" parents in a divorce in NY state? The woman I am seeing says that in her divorce papers her and her ex-husband are both listed as non-custodial parents and therefore her ex-husband has been able to avoid paying child support for the past 2 years, is this legal or possible? They used a company called "We The People" which is now "For The People" to handle the divorce. After reading through some of the child support laws I'm not sure how this determination could have been reached. The visitation is every other day, Mom has Sun, Mon, Wed, Fri and Dad has Tue, Thu, Sat for visitation. I am thinking that something isn't right in how this was setup. Please enlighten me so I can help her get things straightened out. She paid a year's worth of insurance to cover him and her daughter even though he was supposed to cover this at $500 a month and was also paying the daycare expenses of around $1000 a month for 11 months before he decided to help by paying half. She's on a teacher's salary at a non profit so she isn't raking in the money, as well as she found his tax info from the year they divorced showing almost $20K more income than he reported to the court. Where should she start? Thanks

Asked on 10/01/12, 5:46 pm

2 Answers from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com

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One of them has to be designated as the custodial parent. This is the problem with places like For The People. They don't know the law and cannot advise. Sounds like Mom is the custodial parent entitled to child support. The father is getting away with murder. It's ridiculous. Consult a family lawyer in your area and get this straightened out ASAP.

Answered on 10/01/12, 6:07 pm

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