In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one “custodial parent”? Generally, the lower-earning parent will be treated as the “custodial parent” and the higher-earning parent will end up paying child support.
Secondly, Is New York a 50/50 custody State? New York is not a 50/50 custody state in that there is no automatic presumption that custody will be a 50/50 split between the two parents. Should it be up to the court to determine custody, the court will weigh many factors in determining custody arrangements. Both legal custody and physical custody must be addressed.
How far can a parent move with joint custody in New York?
In New York, there is not a set number of miles that a parent with joint custody can move away because every situation is unique. Initially, most child custody orders will specify that parents must remain in a limited geographic area, such as within the borough of Brooklyn or in Greater New York City.
Similarly, How can a parent get joint custody? Once you are certain you have Parental Responsibility you can apply to the court for joint custody. The court will ask you to try mediation before a hearing is arranged. In mediation, you will be helped by an independent third-party to try to come to an agreement.
At what age can a child decide which parent to live with in NY?
Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.
What is the minimum child support in NY? If the noncustodial parent’s income is below the New York State Self-Support Reserve ($16,389 for 2018), the child support order may be established at $50 per month .
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The Child Support Standards Act.
| Number of Children | % |
|---|---|
| 2 | 25% |
| 3 | 29% |
| 4 | 31% |
| 5+ | at least 35% |
Can a child refuse visitation in NY? Court-ordered visitation cannot be refused unless it is believed that it would put your child in danger. Half-siblings and grandparents can apply for visitation rights, although the court isn’t obligated to grant these.
How can a father win custody in NY? If the father is a good person and the mother is a stable, loving parent who is also seeking custody of her children, the court may be inclined to award a joint custody arrangement, one where both parents spend a substantial amount of time with their children.
How long does a father have to be absent to lose his rights in NY?
Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child.
Do you have to pay child support if you have joint custody? If both parents equally share the care of the children, then neither parent will make child maintenance payments or be responsible for child support arrangements.
What is Max child support in NY?
Effective March 1, 2020, the income cap for child support calculations is $154,000 (previously $148,000), and the cap for maintenance calculations is $192,000 (previously $184,000).
Do I have to pay child support if my child moves out NY? Yes, if there is a change of circumstances child support can be increased or decreased. This requires the filing of a petition in the New York Family Court or returning to the Court that issued the Judgment of Divorce. Q.
At what age can a child choose which parent to live with?
The welfare of the child will be of paramount consideration in determining which parent the child should live with. The child’s wishes may also be taken into consideration if the child has sufficient maturity to express which parent he/she wishes to live with. The child must usually be above the age of 10.
Can a mother move a child away from the father?
Can a mother move a child away from the father? Under normal circumstances, a mother cannot move a child away from the father. However, if it is in the child’s best interest, it will be allowed. It is best to obtain a court order dealing with the parties’ parental responsibilities and rights under the circumstances.
Can a 10 year old decide which parent to live with? At what age can a child decide? In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.
Can a mother deny a father access? Unfortunately, it is quite common for mothers to stop a father’s access to a child merely by refusing to let them see them. However, fathers do not often recognise that they have the same rights as mothers. This means in terms of child contact that they are entitled to have access to the child as much as the mother is.
What is an unfit parent in NY?
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
How often can a father see his child? Each family is unique and reasonable access for fathers depends on the individual circumstances. Some fathers see their children every day, while others might see them just once a month. Parents might share responsibilities and alternate weekend contact, or some fathers may have weekend contact every week.
Are fathers entitled to 50/50 custody?
Parents commonly choose 50/50 custody when they reach an agreement, and it can also be ordered by a court following trial, if appropriate.
Who gets child benefit in shared custody? Child benefit can only be paid to the primary caregiver of the child. Where there are two children, parents can choose to each receive the benefit for one child each. Child benefit for one child cannot be split between the two parents.
Do you have to pay child maintenance if you have 50/50 custody?
If you have shared care for at least 52 nights a year, you don’t need to pay any child maintenance.
Can parents agree to no child support in New York? Yes. You both can waive the basic child support obligations as long as the waiver is in writing, states what the basic child support obligation would have been, and states the reasons why your agreement should be adopted instead.
How does child support work if the mother has no job?
Even if you are unemployed, you can still pay maintenance depending on your means. And then you have mothers who want to exploit the fathers. The same applies when the roles are reversed. This is when the father is the primary caregiver and the mother pays him child support.
How do you get around child support? File a Petition to Modify Child Support.
To lower your payments, you will need to file a motion in court to modify your child support payments. You will need to file this motion in the court that issued the initial child support order. Most courts have pre-printed “fill in the blank” motion forms.
Does child support automatically stop at 21 in NY?
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be “emancipated” and the parents’ support obligation ends.
How much back child support is a felony in New York? Failure to comply with paying child support is a form of child neglect and in extreme cases over $10,000, should be guilty of a class E felony punishable in accordance with the penal code.
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