Shared Custody Child Support Awards in New York: Understanding How the Law Applies
Child support in New York can be complex—especially in shared 50/50 custody situations where parenting time is divided between both parents. Many parents mistakenly believe that equal or near-equal parenting time automatically means no child support will be awarded. New York law says otherwise.
How New York Defines Custody in Child Support Cases
Under New York’s Child Support Standards Act (CSSA), the court must first determine who the custodial parent is for purposes of calculating child support even in shared or joint custody situations.
Custodial Parent: The parent with whom the child spends a majority of overnights in a year.
Noncustodial Parent: The parent who has fewer overnights. This parent is generally responsible for paying child support.
Importantly, the law focuses on overnights, not waking hours, when determining who has primary custody for child support purposes.
The CSSA Formula Still Applies to Shared Custody
In Bast v. Rossoff, New York’s highest court made clear that the CSSA formula applies to shared custody arrangements just as it does in sole custody cases. The court first calculates the basic child support obligation using the standard three-step formula, then determines which parent is the custodial parent.
If One Parent Has the Majority of Overnights
That parent is the custodial parent and will generally receive child support from the other parent regardless of the label “joint custody” in the parenting plan.
If Parenting Time Is Truly Equal
In cases where neither parent has the majority of overnights, courts often follow the rule from Baraby v. Baraby:
The parent with the higher income is deemed the noncustodial parent and will pay child support to the other parent.
This approach has been adopted by the Second, Third, and Fourth Departments of the Appellate Division.
The First Department’s Approach
The First Department (covering Manhattan and the Bronx) follows a stricter rule, as seen in Rubin v. Salla:
A custodial parent cannot be ordered to pay child support to a noncustodial parent.
Overnights are the decisive factor, not waking hours or economic disparity.
This means that even if the custodial parent earns significantly more, they won’t be ordered to pay child support to the other parent unless the overnights are truly equal.
Key Takeaways for Parents in Shared Custody Cases
Equal time does not always mean no child support.
Overnights control, not daytime hours.
If parenting time is exactly equal, the parent with the higher income usually pays child support.
Different appellate courts in New York may apply slightly different interpretations, so where your case is heard matters.
Courts will not deviate from the statutory formula unless following it would be “unjust or inappropriate” under CSSA paragraph (f) factors.
How This Impacts Your Case
If you are in a shared custody situation or negotiating one, it’s critical to understand that child support can still be awarded even when parenting time is split evenly. The court will examine the exact schedule, count overnights, and review each parent’s income before making a determination.
Because appellate interpretations vary, and because calculating child support in shared custody cases requires precise legal strategy, having an experienced New York matrimonial and family law attorney on your side can make a substantial difference.
Contact Us for Guidance on Shared Custody Child Support in New York
At Mindin & Mindin, P.C., we have extensive experience navigating the complexities of child support in shared custody situations. Whether you are negotiating an agreement or preparing for litigation, we will work to protect your rights and ensure the child support calculation is fair.