Legal Question in Family Law in New York

I am currently divorced and listed as the non-custodial parent. MY ex recently accepted a nursing job that requires one week of days and one week of nights. My kids are 16, 13, and 11. She wants to leave them home alone when working nights. I said no and I would take the kids the week she is on nights, therefore we would each have the children 50% of the year. Do I have a base for getting a child support reduction, can we both be listed as custodial in this case?


Asked on 3/02/12, 5:48 am

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

You should file a petition to modify custody/visitation. In the same petition request a decrease in support. The decrease in support will be based on income and time spent with the children.

Licensed and Practicing in New York.

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Answered on 3/04/12, 4:54 am


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