Court Ordered that No Child Support Be Paid By Either Party

On December 19, 2014, the New York Law Journal published A.H. v. G.H., NYLJ 1202706161142, at *1 (Sup., KI, Decided November 24, 2014). The Supreme Court, Kings County, resolved an interesting motion and cross-motion by declining to apply the standards contained in the Child Support Standards Act (CSSA) in determining temporary child support. Instead, due to the fact that the stipulated parenting schedule directed that the child spend equal time with each parent and the fact that the defendant alleged he was unemployed, the Court ordered that the parties would each pay the child’s expenses for the time the child was with them. The Court did turn to the CSSA to calculate the parties’ share of the child’s add-on expenses as determined using their 2013 income.

This decision is interesting and relevant to parents going through a divorce or separation since shared residential custody is becoming more common every day. Under the CSSA, the courts were usually awarding a full amount of child support to the less monied parent when the parents share residential custody equally.

If you have a child support case pending, it is important to consult an experienced New York City matrimonial and child support lawyer.

The Law Office of Vivien I. Stark, P.C. can provide you with an experienced attorney to navigate the courts in this changing area of the law.