Skip to main content

Sole custody in NYS do they still have to pay the NCP child support ?

Hicksville, NY |

If someone gets sole custody in NYS do they still have to pay the NCP child support if they do nave enough money ?

Attorney Answers 4

Posted

Why would the custodial parent pay support? If there was an order of support and since that time, there's been a change of custody, the new custodial parent has to pay pursuant to the child support order until the order is modified.

The above answer is intended for informational purposes and is not legal advice. It does not constitute the creation of an attorney-client relationship.

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

The NCP pays the CP, Not the other way around.

I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

The Custodial Parent should not have to pay child support unless there was a previous Order requiring you to pay. If so, you should seek a modification of that order.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

You didn't mention in your question as to whether you are referring to "legal" or "residential" custody. Legal custody concerns decision-making and has nothing to do with child support. Residential custody concerning the place where the childen spend the majority of their time. If a parent has sole legal custody while the other parent has primary residential custody, child support would go to the parent with primary residential custody. If there is a 50/50 split in time for both parents, the parent earning more money would pay child support to the other parent.

Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.

Mark as helpful

1 lawyer agrees

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics