Guidance from a Brooklyn Child Support Attorney
When parents in New York decide to separate or divorce, questions about custody and child support often become the most pressing concerns. A common misconception is that if custody is shared equally, neither parent will have to pay child support. The truth is more complicated.
At The Gilmer Law Firm PLLC, a Brooklyn family law firm dedicated to representing parents and families across New York City, we help clients navigate these complex issues every day. Understanding how New York’s Child Support Standards Act (CSSA) applies in cases of joint physical custody is critical to protecting your rights and your child’s well-being.
The Child Support Standards Act (CSSA): The Starting Point
The Child Support Standards Act (CSSA), codified under Family Court Act § 413, provides the statutory formula courts must use when calculating child support. The CSSA applies to all custody situations, including joint physical custody.
The formula works in three steps:
- Determine combined parental income.
- Apply the statutory percentage (17% for one child, 25% for two, 29% for three, etc.).
- Apportion the support obligation between the parents according to their pro rata share of the combined income .
Even when parenting time is shared equally, the CSSA requires that one parent be designated the “noncustodial parent” for purposes of support.
Who Is the Noncustodial Parent in Joint Custody?
In cases where one parent has the child more than 50% of the time, the answer is straightforward: the parent with less time is the noncustodial parent.
But in true joint custody arrangements, where parenting time is equal, New York courts focus on income. The parent with the higher income will be deemed the noncustodial parent and ordered to pay child support.
- In Bast v. Rossoff, 91 N.Y.2d 723 (1998), the Court of Appeals made clear that the CSSA must be applied in shared custody cases and that the higher-earning parent should be considered the noncustodial parent.
- In Disidoro v. Disidoro, 81 A.D.3d 1228 (2011), the Third Department reiterated that equal time-sharing does not eliminate child support obligations.
- In Smisek v. DeSantis, 209 A.D.3d 142 (2022), the Second Department emphasized that child support must reflect both parents’ resources, so children continue to enjoy their preseparation standard of living in each household.
- In Rubin v. Salla, 107 A.D.3d 60 (2013), the father was designated the noncustodial parent because his income was significantly higher, even though neither parent had more custodial time .
Why the Higher Earner Still Pays
It may feel unfair to pay child support when custody is equally divided, but courts stress that shared custody is more expensive than sole custody.
Each parent must:
- Maintain a suitable home for the child,
- Pay for food, clothing, and utilities,
- Duplicate many expenses so the child has stability in both households.
The CSSA’s purpose is to ensure that children do not “unfairly bear the economic burden of parental separation” and that they benefit from both parents’ resources, regardless of living arrangements .
Judicial Discretion: Deviations from the CSSA
Although the CSSA calculation creates a presumption of correctness, courts may deviate if applying the formula would be “unjust or inappropriate.” Under Family Court Act § 413(1)(f), judges may consider factors such as:
- The financial resources of each parent,
- The child’s health and special needs,
- Educational expenses,
- The disparity in living standards between households,
- Contributions made by the noncustodial parent in addition to direct support,
- The tax consequences to each parent,
- Any other factors the court finds relevant.
For example, in Disidoro, the court found that applying the strict formula without considering contributions would be inequitable. Similarly, courts may reduce obligations if support would push a parent’s income below the federal poverty line .
That said, deviations are rare. Most often, courts stick to the CSSA formula to ensure uniformity and predictability.
Practical Considerations for Parents in Joint Custody
If you are in a joint custody arrangement, here are key points to keep in mind:
- Equal time doesn’t equal no support. The higher-earning parent usually pays.
- Keep financial records. Documenting contributions to education, healthcare, and extracurricular activities may impact a support order.
- Understand negotiation limits. Parents can agree on support, but the court must approve any settlement to ensure it meets the child’s best interests.
- Plan for the future. Child support orders can be modified if circumstances change, such as income shifts or new childcare needs.
Why You Need a Brooklyn Child Support Attorney
Child support in joint custody cases is legally complex and emotionally charged. At The Gilmer Law Firm PLLC, we provide parents with the knowledge and advocacy needed to navigate these challenges.
We regularly assist clients by:
- Explaining how the CSSA applies to their unique custody arrangement,
- Gathering and presenting financial evidence to ensure accurate calculations,
- Negotiating fair settlements to avoid unnecessary litigation,
- Litigating in Family Court to challenge unfair or excessive support orders, and
- Protecting parents from being taken advantage of when custody is shared equally.
Call The Gilmer Law Firm PLLC Today
If you are dealing with a custody or child support case in Brooklyn, Queens, Manhattan, the Bronx, or Staten Island, you need an experienced New York family law attorney who understands the intricacies of joint custody and the CSSA.
At The Gilmer Law Firm PLLC, we fight to protect your parental rights while ensuring your child’s best interests remain front and center.
Final Thoughts
The takeaway is simple: joint custody does not eliminate child support obligations in New York. The higher-income parent will usually be required to pay, ensuring children benefit fully from both households. With the right legal guidance, you can protect your finances, your parental rights, and—most importantly—your child’s future.
