Brooklyn, NY asked in Child Custody, Child Support and Divorce for New York

Q: I have two kids. My soon to be ex husband is petitioning for full custody for one, and I for both. Lets say the court

grants full custody to him for one of the kids, and I full custody for the other. Will he not be be responsible to pay child support for the child in my custody?

2 Lawyer Answers
Michael J Stachowski
Michael J Stachowski
Answered
  • Divorce Lawyer
  • Buffalo, NY
  • Licensed in New York

A: Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support bases on the respective parties incomes. If both parties work full time the equation is easy. Subtract the lower from higher and party with lower gets difference. For part-time or non working spouse may be different. retain a competent lawyer. There can be issues of imputed income self support reserve and minimal support $25 per month. There can be issues of self imposed hardship and maintenance that come into play. . You can see this is not a simple answer . Consult and retain an experienced divorce Lawyer.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: As noted by Mr. Stachowski there are many issues involved in this matter. One aspect that the court will look at is the splitting of the children which is not often done. Speak to an experience lawyer about the issues especially custody before dealing with support.

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