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Is she still entitled to the same amount of child support if time with children changes?

Cheektowaga, NY |

I worked nights so i could only have my kids 1-2 overnights a week. About 6 months ago I was put on a more regular schedule and now have my kids 50% , if not more, of the time (our custody order states this is the agreement if i ever work a normal shift) but I am still paying the same amount of support. My ex refuses to be understanding about any of the uninsured medical payments and co-pays. We are trying to finalize our divorce she has been difficult and refuses to compromise on anything throughout the entire process. My question is - Once the divorce is finalized and we go back to court for support will she owe back any of the money she has been collecting for the past 6 months since i have had my kids more. She says i pay the same no matter how much i have them. Is that true?

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Attorney answers 4


You should be getting a local attorney to help you thru the final stages of divorce. I believe you would have a different level of support for true shared physical custody, you would in my state, and you should have the proper level put into place before the divorce is done not after. I defer to my NY-based colleagues for more specifics, but hire an attorney to help you thru this and her other roadblocks.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.


Yes, unfortunately parenting time is not determinative of child support obligations, however you may be able to still negotiate the support amount if the divorce is not finalized. Contact an attorney.


If you truly have your children 1/2 the time, you should seek a lower child support amount. If you make more than your wife and have the children 1/2 the time, you will still be the non-custodial parent in terms of child support, however typically courts order a lower amount. If you have your children 45% of the time for example, child support would not change even though you have substantial time with the kids.


Contact an attorney for a divorce, custody, and child support issues. If you have split or sole custody, then child support changes.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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