In New York under the Child Support Guidelines the child support obligation is determined by which parent is deemed to be the non-custodial parent. The non-custodial parent is determined by which parent provides care for the children a substantial majority of the time. If one parent provides a substanial majority of the care, then the other parent will be deemed to be non-custodial and required to pay child support. But if neither parent provides care a substantial majority of the care, then neither parent potentially owes child support or owes a reduced amount of support depending on the circumstances. The courts tend to determine on a case by case basis, which parent provides a substantial majority of the child care for purposes of determining whether child support is owed. It is important that if you are going through a divorce or custody dispute to keep in mind the amount of time that you will actually be spending with your children as this may affect you financially down the line. It is important to select an attorney who understands these issues and can guide you accordingly. At Riebling, Proto & Sachs, LLP we have the experience to assist you through these difficult issues.
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