It is becoming increasingly popular for parents to equally share physical custody with one another. However, New York state statutes have yet to be modified to address the issue of how child support should be calculated when parents equally share custody of their children.
That said, case law (written court decisions issued by judges) has evolved to address this issue. Generally, when parents earn the same amount of money, each “waives” to the extent allowable by law, the right to receive child support from the other. However, when the parties do not earn the same income, the party who makes the most money is deemed to be the noncustodial parent for the purpose of determining who pays child support.
So, if you earn $75,000, your co-parent earns $50,000, and you both share equal custody of your child, you will be deemed to be the payor of child support because you earn more than your co-parent.
Shared custody arrangements do significantly impact the calculation of child support within the State of New Jersey.
If you have questions are regarding your child support payment or the establishment of your child support obligation, call Attorney Dow’s offices for a consultation.