Legal Question in Family Law in New York

Residential Custody- Joint Custody- Support obligations

What is residential custody? If a child lives with each parent 50% of the time. Is there any support that should be paid to either parent and if so how is it determined?


Asked on 10/03/01, 1:07 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Residential Custody- Joint Custody- Support obligations

The term "residential custody" may be best understood in the context of a particular case or ruling or jurisdiction. Custody orders often make reference to the status of "joint custody" while including language to the effect that the 'primary residence' or 'physical custody' shall be with one or another parent.

The notion of "keying" or 'linking' a determination of child support to the issue of the comparative amount of time a child spends with one parent or another was {the last time I looked at it closely} NOT an easy theory to advance in NYState.

I suggest you take a look at the worksheet you can find at divorcenet.com/ny/nyart05.html; this is a useful tool for getting an understanding of how the support mechanism is supposed to operate and, reference to it may give you an idea of what you may need to try to demonstrate to further the notion you want to advance.

Good luck.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 11/13/01, 8:18 pm


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