For many divorcing couples, child custody is the most contentious aspect of their divorce, as both parents likely want to spend as much time as possible with their child. However, the courts have methods to determine the parenting time each party is allotted based on a number of circumstances. One of the most common questions for parents during this time revolves around parenting time and child support. Many parents wonder how the division of custodial time impacts the support payments they may need to make. The following blog explores these matters in further detail and explains how a Nassau County family law attorney can help you through these complex times.
How Is Parenting Time Determined in New York?
Generally, if the parents can agree on a schedule, the courts will enforce that arrangement. However, if the parents cannot agree, then the court will issue a decision. However, they will take several factors into consideration when making a decision. This includes, but is not limited to, the following:
- Each parents income
- The ability of each parent to provide a safe environment for the child
- Depending on the age of the child, their wishes
- Each parent’s work obligations
- Whether or not there is a history of abuse or neglect
- If either parent suffers from substance abuse issues
The courts follow a standard known as “the child’s best interest.” This means they will prioritize the health, safety, and well-being of the child above all else when making a custody decision. Additionally, the courts generally believe that the best interest of the child is to spend time with both parents, barring any issues. As such, the courts try to award equal custody when possible.
Does Parenting Time Influence Child Support Payments?
It’s important to understand that the New York courts generally require one parent to pay the other, even if they have equal, 50/50 joint custody of the child. This is to help ensure the child’s needs are adequately met. The courts use a method known as the Child Support Standards Act (CSSA) to calculate the support obligation of each parent.
Generally, the parent who earns more will pay child support to the other, even if custodial time is split. This is because the courts go based on how many overnights the child has with each parent. It is important to note that the more overnights you have, the lower your support payments will be. Regardless, the higher-earning parent will likely pay base child support to the other, and other expenses will be split between the parties.
This can be a complex process, and trying to navigate it on your own is not recommended. Whether you believe you’re spouse isn’t paying enough to help support your child or you’re unhappy with the custody split determined by the courts, connecting with an experienced attorney is ideal. At Barrows Levy, PLLC, we understand how complicated these matters can be, which is why we are dedicated to fighting for you. Connect with our firm today to learn how we can assist you through these issues.
