A common question that clients have for us is whether or not they have to pay child support to the other spouse, even if they share custody with that spouse. The courts have determined that a spouse that earns more income than the other spouse is deemed the non-custodial parent for child support purposes. Therefore, that spouse would have to pay the other spouse child support, even if they share custody with that spouse.

The non-custodial parent is the parent that spends less than 50 percent of the time with the child. If you and your spouse share custody of your child or children, the parents would have to determine how much custody that they will pay by using a formula to calculate the amount that must be paid. Child support is determined based on income and the number of children that the two parents have together. New York State provides non-custodial parents with access to the child support rubric. Though the child custody worksheet is provided to help determine the yearly amount of child support that needs to be paid but ultimately, the judge is the person who makes the final decision about the exact percentage of the non-custodial parent’s income that must go towards child support payments.

Generally, the court calculates child support based on the number of children that you have. They request that the non-custodial parent pays 17 percent of the combined incomes of the parents’ incomes for one child and all the way up to at least 35 percent of the annual income for five or more children.

If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.