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Can my ex become the non custodial parent if I am now making more money and have 50/50 custody in NYS?

Q: My ex-husband just petitioned to dismiss his weekly obligation and receive child support since he learned that I now make more than him. When our original child support order was decided in 2014, I was making $42,000 and he was making $55,000. I now have a better paying job and is making $11,000 more than him. Can my increase in income cause me to pay him child support? We have a true 50/50 custody schedule and I’m worried that I will no longer receive child support and pay him instead! Can this really happen?

A: Presumptively the answer is yes as the law provides that in a 50-50 shared custody situation, the higher-earning parent is deemed the noncustodial parent for calculation purposes. That said, there must be a valid basis to change child support, and even then you may argue for a deviation from guidelines. Schedule a consult with a Westchester Child Support attorney for a full assessment…

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