Tuesday, July 2, 2013

If I get joint custody; does child support go down? I have 2 kids & I want full or joint custody

Q: We split in January and I have been paying ever since. We were never married but have been together for around 10 years. Can I get joint custody & child support goes down? I want full since living with me will give my boys a better way of life & a cleaner home.

A: David's Answer: Joint Custody in itself does not create a deviation factor on a child support calculation. Instead, the Court has discretion, depending on numerous factors (but primarily incomes of the respective parties and access time enjoyed by the non-custodial parent) to deviate from the proposed guidelines amount. If you have "full" custody, or even primary custody (meaning the children reside with you 51% or more of the time), then you would pay no child support & indeed should receive child support from the other parent.  -- David Bliven, Westchester Family Law lawyer (www.blivenlaw.net)

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