Under New York State law, children are entitled to financial support from both parents. Although typically one parent clearly has primary residential custody of a child, and therefore is entitled to receive support from the other parent on behalf of the child, in cases where custody is equally shared, the higher earner may be responsible for paying support to the other, in part to equalize the standard of living of the child.
Although base child support obligations are determined by statute, deviations up or down are sometimes permitted by the court or negotiated where there are other factors to consider. In the case of divorce, spousal maintenance or support and the large number of issues to be determined frequently result in deviations from the basic child support obligation as part of a global settlement. To optimize the configuration of variables in your divorce settlement or clearly present the complex issues at stake to the Court requires the experience and presence of mind of a seasoned divorce attorney.
Supporting their children is the legal obligation of both custodial and noncustodial parents in NYS