Can having joint custody change your child support payments?

Asked over 1 year ago - New York, NY

I have joint custody of my son howver she is the costodial parent, this was not brought up when we went to court for support. Can I appeal and have this heard in court to change since we have court ordered visitations which should effect my overall payments of support.

Attorney answers (5)

  1. David Ivan Bliven

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    Answered . You generally would've needed to raise the issue at the trial. Any issues not litigated at trial cannot generally be the subject of an appeal. Nevertheless, it certainly doesn't hurt to raise it at this point - the worst answer you receive is "no go." That said, I highly encourage you to schedule a consultation with a NYC Child Support attorney.

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  2. Rachel S. Silberstein

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    Answered . Joint legal custody does not affect child support. Whether you have the child 2% of the time or 49% of the time, child support is calculated based on your income minus certain deductions

  3. Jayson Lutzky

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    Answered . Joint legal custody is not a factor in child support. Child support is based on physical custody, where the child lives. Consult with a local family law attorney to assist you.

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  4. Mary Katherine Brown

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    Answered . Generally speaking, joint custody does not significantly affect the amount of support that the non-custodial parent must pay; however, this is not always true. Sometimes, the custody arrangement can create other factors that can be considered for a deviation from the CSSA. You can file an objection to the child support order if you feel there has been a mis-calculation by the support magistrate, or an appeal if the order was made by a judge. I suggest you consult with an attorney immediately to review your matter and to find out whether there is a basis for an objection/ appeal. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  5. Susan Kathleen Duke

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    Contributor Level 14

    Answered . Visitation will not change your support obligation. Joint custody, when the mother is the primary custodial parent, is not cause to reduce your support.

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