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)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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