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Residential Custody in New York, NY
In New York, residential custody is also known as physical custody, which refers to the type of custody exercised by a parent who lives with the child majority of the time. Generally, the parent with primary residential or physical custody over the child is the parent who receives child support. For this reason, residential custody is a point of contention in divorce negotiations.
Child Support
In New York, child support is computed in accordance with the guidelines provided under the New York Family Court Act §§ 413 and 413-a. The court first determines the total income of the parents, based on their income tax returns. From this combined income, the court multiplies it by a percentage depending on the number of children shared:
| Number of Children | Child Support Percentage |
| 1 | 17% |
| 2 | 25% |
| 3 | 29% |
| 4 | 31% |
| 5+ | at least 35% |
The product of the combined income and the percentage is the total amount of child support to be shared by the parents. To determine each parent’s share, the total amount of child support is multiplied with the proportion of the individual income of the parent over the combined parental income.
Thus, the formula for total child support is:
Total child support = combined total income * child support percentage depending on number of children.
The formula for an individual parent’s share of the child support is:
Individual parent’s share = (individual parent’s income/combined total income) * total child support
To illustrate:
If X and Y have two children, and X has annual income of $50K, while Y has annual income of $30K, the combined income of $80K is multiplied by 25% (for two children). The resulting percentage value, which is $20K, is the total amount of annual child support for the two children of X and Y. If the children primarily reside with Y, then X’s proportional child support to be paid to Y is computed as ($50K/$80K) multiplied by $20K, resulting to $12.5K annually to be paid to Y.
How Residential Custody Affects Child Support
Generally, the payment of child support is made to the parent with primary residential custody over the children. However, when the children spend almost similar time periods with both parents (i.e., 4 nights a week with mother and 3 nights a week with father), your custody lawyer may ask the court to adjust the child support payments, lesser than the proposed formula, due to the additional expenses of having more overnights with the children, such as food, entertainment, daycare, education, and a bigger place for the child to sleep.
Residential custody issues can be complex and contentious. Having a custody lawyer beside you representing your interests can ensure a more successful outcome, given your objectives. Should you have custody issues, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
