In Equal Shared Custody, Who Is the Custodial Parent?
The Appellate Division, 3rd Department did address the shared custody issue in Baraby v. Baraby 250 A.D 2d 2201, and the Appellate Division,4th Department addressed it again in Carlino v. Carlino 277 A.D. 22d 897. In Baraby, the third department stated the parent with the larger income would be deemed the non-custodial parent for purposes of calculating support under CSSA. The parent with the non-custodial designation must be directed to pay his or her pro rata share of the child support obligation to the other parent unless the statutory formula yields a result that is unjust or improper. In that situation, the trial court can resort to the “Paragraph F” factor in CSSA and order an amount that is just and appropriateunder the circumstances. The 4th department in Carlino, citing the Baraby case, which said in a 50/50 shared custody arrangement, if the parent with the larger income demonstrates that expenses incurred in having equal time substantially reduces the cost the parent with th
Related Questions
- With shared legal custody, if the primary custodial parent chooses to change from private to public school and the non-custodial parent will not agree, who has the final decision?
- Regarding Custody Relocation, Can a Custodial Parent Ever Move Out of State?
- Why does a parent who doesn have custody have custodial rights?
