Calculating Child Support in New York State
Question:
I am Divorced and my Ex and Myself have 50% custody of two boys (19yrs and 14yrs of age) whereas we both have the boys equal time throughout the week/year. We both have shared physical custody. We both make above average salaries (I make 97k and she makes 75K). I provide all the health insurance for the kids until they are to the age of 21 or so. I currently pay $1,400 month in support which seems excessive especially since we have equal custody of the boys. How is this amount determined because it seems after we both pay taxes on our salaries, she now gets upwards of $17,000 per year in support which gives her an approx. gross take home of 69K and me a gross of approx. 51K. This does not seem fair. Am I paying more than I should as it sure seems that way.
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Answer:
The NY Child Support Statute does not provide for a support calculation in shared custody cases. Rather, it mandates that the “non-custodial” parent pay child support to the custodial parent. The NY Court of Appeals has directed that the parent who earns more income in such cases be deemed the “non-custodial” parent and pay support. That is not where the discussion ends, however. In many instances, the Courts do not impose a full child support obligation on that “non-custodial” parent because the end result will be what you have experienced – i.e. you and your ex have equal obligations for the children yet the ex has far more disposable income after you pay child support. You should consult with an attorney to determine whether this is something that can be modified in your case. The attorney will want to see all paperwork pertaining to support – i.e. your agreement or order, tax returns, etc.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced New York Divorce Lawyer in Clifton Park. This does not consent an attorney client relationship.
