Child Support Awards in Shared Custody Cases
All of the Appellate Division departments follow the rule of 'Bast v. Russoff', that a parent who has physical custody of the child for a majority of the time in a shared custody situation is considered the custodial parent for child support purposes.
October 19, 2022 at 11:00 AM
15 minute read
There is a distinction between "joint legal custody", which usually involves sharing in all the important decisions concerning the child, and "joint physical custody", which involves sharing time with and physically caring for the child. Although there is no consensus as to a precise definition of "joint custody," the Court of Appeals has commented that "joint custody" is generally used to describe joint legal custody or joint decision-making, as opposed to expanded visitation or shared custody arrangements. Bast v. Rossoff, 91 N.Y.2d 723 (1998)). It has been said that "joint legal custody", sometimes referred to as "divided" custody or "joint decision making", gives both parents "a shared responsibility for and control of a child's upbringing." It may include an arrangement between the parents where they alternate physical custody of the child. Braiman v. Braiman, 44 N.Y.2d 584 (1978).
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