Legal Question in Family Law in New York

Custodial Parent - Divorce

My soon to be ex-wife and I have a set of twins. One child lives with me and one child lives with her. Since we never put the living or custody arrangements in writing, am I lawfully the custodial parent of the child that resides with me? When it comes to child support, will I pay child support for both although one lives with me? Currently I am supporting both children (not through Child Support), but after the divorce, she may choose to collect via CSU. The only substantial proof I have that one child resides with me is his school records (I live in Brooklyn, NY, she lives in Long Island).


Asked on 2/20/07, 10:55 am

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Custodial Parent - Divorce

I must agree with the other answer, you must put the custodial arraingments in your divorce stipulation to give your family stability.

As for child support, you are only obligated to pay your spouse (soon to be ex-wife) child support for the child she has. If you have one living with you, you do not have to pay child support for that child, you are already supporting it.

You should bring all of these questions to your current attorney.

If you do not have an attorney or just wish to run these questions and others past another attorney you can contact me at my office at 516/746/4747 or by e-mail at [email protected]

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Answered on 2/20/07, 9:50 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Custodial Parent - Divorce

I strongly suggest that you put the custodial arrangements in your divorce decree as well as the issue of child support.

Charles a. Whittier, Esq.

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Answered on 2/20/07, 12:32 pm


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