New York Joint Custody Child Support
Divorce Lawyer Information
So how does New York joint custody child support work?
Joint custody child support laws do not differ much from federal laws and the laws of other states. Much legal precedent has gone into creating the present laws.
New York laws are based on the idea that:
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if one of the parents makes more money than the other, that parent should be ordered to pay child support money to the extent that each parent is paying about 50% of the dependent child's expenses.
But, there have been problems with these guidelines....
The courts of New York are responsible for awarding child custody support amounts in all divorce cases involving children under 21 where the two parties don't achieve documented payment agreement on their own. These payment arrangements can often seem as unfair and unjust and are open to challenge.
For instance, if parents are awarded joint custody of their children, and one parent's income is 48% of the other's, some would say that the parent making slightly less money should pay just 48% of the children's expenses. Yet there is legal precedent for forcing the parent making less money (in the actual case, the father) to pay child support to the parent making more money.
However, national joint custody child support precedent and usual practice calls for:
- the parent making more money to pay the parent of lesser income to the point where the two parents are sharing a virtually equal financial responsibility.
New York joint custody child support laws also open to challenge by parents which includes fathers and mothers as well as civil and domestic partnership custody issues. Many times one party feels rulings are unjust and each situation has different cirsumstances that must be taken into account.
The argument has been made by those in the legal profession and researchers that joint custody rulings work out too often in favor of one parent (fathers in most cases) getting off from paying their true fair share of child support. Even under joint custody arrangements, according to these critics, the time that fathers spend with their children all too often is of lesser quality than that of mothers', even when it is of roughly the same quantity.
On the other hand, those in the legal profession who push for fathers' equal rights in the context of child custody and support insist that "joint custody" is usually just a legal fiction that the courts use to placate fathers; and joint custody child support is extremely similar to what a father would pay to the mother if the mother had sole custody.
They insist that fathers under "joint custody" arrangements are not given more than minimal visitation time with their children, the children really live with their mother, and the fathers foot the bill for far more than their "fair share".
New York joint custody child support laws may seem like a simple formula, but they can be very complicated. That's why you need an attorney who knows New York joint custody child support and NY divorce laws. Don't hesitate to contact divorce lawyer Mary Grace Condello. She is very experienced and knowledgeable with child support and NY divorce cases and you can trust she will give you the options, information and guidance you need.
Call our office now if you need a divorce lawyer call now 718.259.4500 or email us if we can help.
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