New York law states that parents have an obligation to provide for their children financially. In cases in which parents share custody of a child, this often means that one parent will be required to pay child support to the other. In matters in which parents have equal custody rights, the courts will often impose the child support obligation on the parent who earns a higher income, as demonstrated in a recent New York case. If you are dealing with a child support dispute, it is prudent to talk to a New York child support attorney about your options.
It is reported that the father and mother were married and had two children, who were born in 2006 and 2010; they divorced in 2017. The divorce judgment initially ordered the father to pay $641.86 per week in child support. Following a hearing, a Support Magistrate modified the child support obligations, ordering the mother to pay the father $150 weekly, deeming him the custodial parent.
Allegedly, the mother objected, arguing that, despite equal custody, the father, as the monied spouse, should be the noncustodial parent. The father also objected, contending that the Support Magistrate erred by not imputing income to the mother. The court denied both objections, and both parties appealed. Continue reading