Question:
What kind of child custody agreement would remove the burden of a child support payment to my spouse?
If I had joint custody, how much time would the children need to live with me so I wouldn’t have to pay child support?
Answer:
First let me preface my answer by stating that I am not licensed in New York. I am unable to provide you with any specific advice regarding your question, as I am unfamiliar with New York statutes and rules of civil procedure.
Every state calculates child support differently and has different foundational theories for the purpose of calculating child support. Some states calculate child support based on the amount of overnights each parent has and other states calculate child support based solely on the custody determination of the court.
You should consult an attorney in your jurisdiction to find out how New York calculates child support and what schedule would best meet yours and your children’s needs.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
