A separation agreement is a formal agreement between husband and wife. A separation agreement usually contains, among others, the following provisions:
" If there are children, how much child support is to be paid and the terms of payment.
" A visitation schedule.
" How much alimony (if any) is to be paid.
" Responsibility for the joint bills.
" Who will remain in the marital residence and who will pay for its upkeep.
" How to split any tax refund and tax deductions.
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While joint custody is most common, and courts are trending toward giving parents 50/50 time with their children, sole custody and primary physical custody are also possible custody arrangements, and conflicts over which arrangement is best can lead to a contentious court battle that is damaging to all parties.
Do you pay child support with joint custody? The short answer is: yes. Shared parenting arrangements that include joint physical custody do not negate child support obligations between parents.
The most common joint custody arrangements include the 2-2-3 plan and the 2-2-5 plan. Both involve spending alternate sets of days with either parent. Also common is the alternate week plan, where the child spends one week with a parent and the next week with the other.
Joint custody means that two parents (and sometimes other caregivers) share the authority to make decisions about the child. With joint custody, the parents must communicate well enough to keep each other informed of the child's needs and to make decisions together.
In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one "custodial parent"? Generally, the lower-earning parent will be treated as the custodial parent and the higher-earning parent will end up paying child support.
The custodial parent can get child support even if that parent can support the child on their own. Even if the two parents are living together with the child, one parent can get a child support order if the other parent refuses to help pay for the child's bills.
50/50 schedules can benefit a child because the child spends substantial time living with both parents. This allows him or her to build a close relationship with both parents, and to feel cared for by both parents. 50/50 schedules work best when: The parents live fairly close to each other, so exchanges are easier.
A general rule of thumb may be that a child who is at least 10 years old may be considered mature enough to make this decision, but some older children may not be mature enough to voice their preference clearly or make the court see why they would like to live with one parent over the other.
Contents of an Agreement The agreement should outline parenting time schedules, including visitation schedules, weekends, holidays, and any other information regarding the parenting schedule. The child custody agreement should detail what the pick-up and drop-offs to and from the parental home will be like.
If the noncustodial parent's income is below the New York State Self-Support Reserve ($18,347), the child support order may be established at $50 per month....The Child Support Standards Act. Number of Children%225%329%431%5+at least 35%1 more row
