Do you pay child support with joint custody in NY?
Asked by: Fatima Kuhic | Last update: May 12, 2025Score: 4.5/5 (23 votes)
In A True 50/50 Custody Arrangements The Parent Who Earns More Still Has To Pay Child Support. Iff the parents have an absolute 50/50 split of physical custody with the child the parent whose income is higher is determined to be the
How does child support work in NY with 50 50 custody?
In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one "custodial parent"? Generally, the lower-earning parent will be treated as the “custodial parent” and the higher-earning parent will end up paying child support.
Do I have to pay child support if I have joint custody?
It seems logical that if your custody is shared, you each cover costs for the child when the child is with you. However, in California, custody and child support are two separate components, and one parent may be required to pay child support to the other even in a 50/50 arrangement.
What is the disadvantage of joint custody?
The Disadvantages Of Joint Custody
This can be very difficult for some parents, especially if they don't get along. Arguments and conflicts often arise – If the parents have a contentious relationship, joint custody can actually make arguments and conflicts worse, since both parents have equal rights over the child.
What does joint legal custody mean in NY?
This means that both parents are afforded the right to make decisions on major issues for the child or children. Should a divorce end amicably, it is possible for former spouses to voluntarily agree to joint custody arrangements and a judge will likely endorse it.
Who Pays Child Support with Joint Custody? //Apple Payne Law
Who has legal custody of a child when the parents are not married in NY?
It is important to note that, in the State of New York, an unmarried birth mother is automatically awarded sole custody of children. However, once the father establishes paternity, they will have legal rights related to the child.
How can I avoid joint custody?
Reasons for preventing joint custody can include mental illness, abuse, substance abuse, domestic violence, prostitution, abandonment, other negative consequences, and dangerous behavior that can harm the child.
What are the benefits of joint custody?
Advantages of joint legal custody
When parents work together to make key decisions for their child, the child ultimately benefits. Continual parent-child communication helps prevent isolation and other psychological issues that could stem from a feeling of loss following a divorce or separation.
Why would a father not get joint custody?
If there is a history of abuse or neglect, the court may find that it is not in the child's best interests to be in a joint custody arrangement with that parent. Another factor that may be taken into account is the child's ability to maintain a relationship with both parents.
Is it hard for a man to get joint custody?
If you're a good parent, there's no reason why you shouldn't be able to get joint physical custody. You just need to ask for it and prove how it would benefit your children.
How to not get child support?
The best course of action is to ask the court for an order modification (more below). The only guaranteed ways for support to end are if parents get back together or the child becomes legally independent based on age (usually 18) or via emancipation, marriage or joining the military.
Do you have to pay child support if you have 50/50 custody in NC?
Parents can be obligated to pay child support even if they have joint custody of their children.
Do you have to pay child support if you have 50/50 custody in Florida?
To ensure fairness and proportionality, Florida courts base child support on the combined net monthly income of both parents, even in cases of joint or 50/50 custody.
Do I need to pay child support with joint custody?
Many people believe that child support is not granted when both parents share physical custody of a child. However, while child custody is considered in a child support calculation, it is not unusual for one or both parents to be ordered to pay child support even when they share joint custody of the child.
What is not included in child support in NY?
Child support typically does not cover the following activities: Extracurricular activities like sports, music lessons. Private school tuition. Uncovered medical expenses beyond basic insurance.
How to win full custody in NY?
Demonstrate Stability and Financial Security
Maintaining a stable residence, ensuring financial security, and showcasing involvement in the child's education and extracurricular activities will enhance their credibility and increase the likelihood of obtaining full custody.
What are the disadvantages of joint custody?
Drawbacks of Joint Custody
Stability disruption is another potential drawback. Moving between two households can be daunting for a child, especially when parents live far apart. This instability can impact the child's routine, social connections, and emotional well-being.
How long does a father have to be absent to lose his rights in NY?
Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child.
What not to say during a custody battle?
Statements That Can Weaken Your Legal Position
Certain statements can severely undermine your legal position in a custody battle. For example, making derogatory remarks about your ex-partner's parenting skills or personal life can be seen as an attempt to alienate them from the children.
What is the healthiest child custody arrangement?
Most experts recommend that co-parents with toddlers use the 2-2-3 schedule. This schedule minimizes the time a toddler spends apart from either co-parent. In addition, this consistency provides the stability young children need and allows them to form meaningful relationships with both parents.
How does joint custody work in NY?
If parents have “joint custody,” it means they have joint legal custody and an equal say in the important decisions that may be made in the child's life regardless of who has physical custody or how much visitation the noncustodial parent has.
What type of custody is best for a child?
The recent trend has been to favor joint or shared physical custody—allowing children to spend significant amounts of time with both of their parents. Judges (and legislatures) have been swayed by consistent research findings that children fare better after divorce under shared parenting arrangements.
Why would joint custody be denied?
The most obvious situations in which joint custody will not be in a child's best interest are where domestic violence has occurred, where overt continual conflict exists between the parents, where a parent has substance abuse problems, where the* court, rather than the parties, decide that joint custody is the answer, ...
Can a father lose custody for not having a job?
Does Unemployment Affect Custody Decisions? While financial stability is a factor in custody cases, unemployment alone is rarely enough to disqualify a parent from custody.
Is it illegal to block the father of your child?
What is the answer? The answer is usually no; a parent cannot stop a child from seeing the other parent unless a court order states otherwise.