WHAT IF I HAVE THE CHILDREN A GOOD DEAL OF THE TIME OR EVEN 50% OF THE TIME?
russian speaking criminal defense attorney in New York
Again, if you are not able to negotiate a reduction from the statutory formula amount with the other parent, you will have a very difficult time convincing a Court not to apply the formula. To demonstrate this point, even if the parents share time with the children equally but cannot agree on the issue of child support, there is case law holding that the parent with the greater income will be deemed the "non-custodial" parent for purposes of child support and that parent will be required to pay child support consistent with the statutory formula!! This illustrates the reason why it is always encouraged for clients to seriously consider good-faith negotiation as the preferable route in resolving your dispute.