Q: 50-50 shared custody, equal joint legal and physical custody for both parents. Father earns more than the mother. Can offset be applied for child support payments where one calculates what mother would pay to father, and then what father would pay to mother for child support, and only difference between the two is actually paid by father? What needs to be done for getting this offset?
A: What you’ve set forth is generally how courts “deviate” in such cases. Technically the court must first calculate presumptive support, and under a case called “Bast v Rosoff” the court treats the higher-earning parent as the non-custodial parent. That said, most courts treat shared custody (or even joint custody) as a deviation factor & often (though certainly not always) do the off-set as you’ve set forth. Schedule a consult with a Westchester Child Support attorney for a full assessment.