Yes, when parents have a 50/50 child custody agreement in Brooklyn, the higher earner is presumed to be the non-custodial parent, and pays child support to the lower earning parent for the care of the children.
This is intended to reflect the pattern that parents would follow had they not divorced, where both parents would contribute to raising their children by sharing the expenses, regardless of their individual incomes.
Some higher earning parents who agree to 50/50 custody consider this situation extremely unfair.
In those cases, you should know that there are options to develop alternative child support plans, if your spouse agrees.
Alternative agreements will have to be approved by a judge, so if you want to explore this option, plan to spend some time developing a thorough and workable arrangement that provides for your child and which your spouse can accept.
There are cases where spouses can contractually waive child support.
The judge will need to see a clear, compelling explanation for why neither parent in a 50/50 custody agreement should pay child support, and there’s no guarantee the judge will accept the arrangement.
The attorneys at Zelenitz, Shapiro & D’Agostino can help you understand your options, and develop the best child support arrangement for your child and for you.
Call us today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce and child support attorney.