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
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