Generally speaking, even when a custody agreement creates a 50/50 arrangement, the court will consider the higher earning spouse to be the non-custodial spouse for purposes of child support.
While it is sometimes possible to waive child support, many judges simply won’t allow a custody agreement without including a legal obligation for the higher earning spouse to pay support.
You should be prepared for pushback if you try to create an alternative structure.
An attorney or, if you’re working together well to create your custody agreement, a mediator, can help you create a durable agreement that protects your relationship with your child, as well as your financial well being.
At Zelenitz, Shapiro & D’Agostino, we help our clients craft responsible, creative approaches to co-parenting with their ex-spouse, and make sure that any agreement can pass muster with the court.
Call us today at 718-523-1111 and talk to an experienced Queens divorce lawyer for free.