Divorce: New York

Divorce: New York

Tag Archives: Split Custody

Child Support: When One of the Children Switches Homes

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Modification
It is common for a divorce settlement agreement to provide that a child will be emancipated if he or she leaves the residence of the custodial parent. The result is the stated reduction in child support payments to the custodial parent. However, if the child not only leaves the custodial parent, but moves in with [&hellip… Continue Reading

Parenting Time, Not Legal Custody, Determines Entitlement to Child Support

Posted in Child Support (C.S.S.A.)
Count the overnights. “Legal” custody or decision-making power does not matter. Child Support is only payable to the parent with the children the majority of the overnights. If overnights are equally shared, the parent with the higher income is deemed to be the noncustodial parent for C.S.S.A. purposes. Such is the rule of law made [&hellip… Continue Reading

Applying the Child Support Formula in Shared Parenting Arrangements

Posted in Child Support (C.S.S.A.)
No two custodial arrangements are the same. They are as different as the children and parents themselves. As a result, the application of a presumptive child support award to the “deemed” custodial parent is inherently arbitrary. Take the May 5, 2011 decision of the Third Department in Riemersma v. Riemersma. The issues in the parties’ divorce concerning [&hellip… Continue Reading