Reviewed by Diana Szabo, Esq.
Key Takeaways
- More overnights do not lower your child support.
- Only crossing the halfway mark changes who pays.
- New York has no presumption of 50/50 custody.
- Support and parenting time are separate obligations.
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 Long Island 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 parent’s 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.
However, it’s important to understand that New York has no presumption in favor of joint or equal custody. As such, Domestic Relations Law § 240 dictates that neither parent has a prima facie custody right, and the court will make a decision based on the facts of the case, rather than following a default arrangement.
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. Overnight visits do matter, but not in the capacity that most parents assume. Overnight visits determine who the custodial parent is for support purposes. New York does not reduce support proportionally to time spent with the child. In Bast v. Rossoff, the Court of Appeals rejected exactly that approach, noting that other states use such formulas but the CSSA contains none, and that the legislature considered the idea and declined to adopt it. Regardless, the higher-earning parent will likely pay base child support to the other, and other expenses will be split between the parties.
Which Overnights Actually Matter
Because there is no scale to adjust support, the number that matters the most is the majority. A parent with 40% of the overnights will pay the same percentage as a parent with only 20% of the overnights.
However, crossing from just under half to just over half ultimately changes who the paying parent is entirely. The difference between 49% and 51% of the year is financially impactful in a way that the difference between 30% and 40% is not. This is worth understanding before negotiating a schedule under the assumption that overnights will lower your child support obligations.
Support and Parenting Time Are Separate Obligations
Neither one is conditioned on the other. A parent with no visitation rights at all still owes support until the child is emancipated, and the absence of contact is not a defense to non-payment. The reverse holds equally: a custodial parent cannot withhold parenting time because support has gone unpaid, and doing so is enforceable against them. If your former spouse is failing on either front, the remedy is an application to the court, not self-help.
Contact an Experienced New York Family Law Firm Today
This can be a complex process, and trying to navigate it on your own is not recommended. Whether you believe your 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.
