In divorce mediation where perhaps parties contemplate splitting time with the children the question arises: What happens to child support? In New York State it is settled case law that, if there is no one “custodial parent,” then the lower-earning parent will be treated as the “custodial parent” and the higher-earning parent will pay child support. Many parties have the misconception that 50/50 parenting time means neither parent has to pay child support. This is simply untrue.

Not only must child support be paid, but the parents will also divide, typically on a pro-rata basis, the extra expenses for the child, such as educational costs, camp, extra-curricular activities, health insurance premiums, child care (when the primary parent is working or seeking work). I tell clients that the state fears having to support citizens unnecessarily. Therefore, state law and the courts don’t tolerate too much latitude with child support. The state has a vested interest in making sure that the child is adequately provided for. Even if a parent is not working or in prison or living in another state or country, it makes no difference. The court will order child support to be paid.

If you wish to schedule an initial consultation please contact me at 212-605-0435 or 516-280-3123.