Skip to main content

Can having joint custody change your child support payments?

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.

+ Read More

Attorney answers 5

Best Answer
Posted

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.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

Posted

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

Posted

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.

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 www.mynewyorkcitylawyer.com.

Posted

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@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Posted

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

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