Probably so. New York’s child support guidelines make a strong presumption of support, so parents in Brooklyn who develop joint custody agreements will still have to factor in child support payments.
If you and your spouse are proposing to share custody at a pure 50/50 level, then the spouse who earns more is presumed to be the non-custodial parent for the purposes of child support.
Most agreements won’t quite be 50/50, in which case the parent who has fewer overnights with the child will be the non-custodial parent, and pay support to the parent who has the majority of expenses related to housing and caring for the child.
In some cases, parents have approximately the same share of overnights and a similar income.
In that case, it is possible to waive support payments through contracts.
There are many variables, but what the judge will want to see is that both parents are contributing significantly to the child’s needs.
The attorneys at Zelenitz, Shapiro & D’Agostino can help you develop a child custody and support agreement that’s right for you and your child.
Call us today at 718-725-9601 for a free consultation with a Brooklyn child support attorney.