by Adam Schneid
When parents are separating or divorcing, one of the most common misunderstandings is this:
"If we split parenting time equally, nobody has to pay child support."
In New York, that is often not how it works.
Even when parents share parenting time on a 50/50 basis, child support may still be owed. For many families, this comes as a surprise — and it can become one of the most disputed issues in a divorce or custody case.
Why 50/50 Parenting Time Does Not Automatically Eliminate Child Support
New York child support first asks whether one party is the primary custodial parent – the parent that has more than half of the overnights with the child. If one parent has more than half of the overnights, that parent is entitled to child support and cannot be ordered to pay child support to the parent who has the child for less than half of the time. This issue was addressed by the First Department in Rubin v Della Salla, 107 AD3d 60, 62 (1st Dept 2013). That decision involved an interesting fact pattern where the mother, the parent with less than half of the time, had been out of work for an extended period of time arguing that the parties had parallel parenting and asked for child support. The trial court examined the enormous disparity in financial circumstances and awarded the mother – the noncustodial parent – child support. On appeal, the First Department reversed and held that the custodial parent "cannot be directed to pay child support to the . . .noncustodial parent".
While the rule is clear when one parent has more than half of the time, having the child for an equal amount of time is different. Here, courts have discretion in how to award child support. Most commonly, courts treat the parent earning more money as the non-custodial parent for child support purposes and require the higher earning spouse to pay child support.
The rule for 50/50 is not nearly as clear as what happens when one parent has more than one half of the time. Courts are not required to make the parent earning more pay child support. The courts can now consider all of the relevant factors including the expenses and resources of each parent.
One common occurrence is where one party earns more than the other parent, but once they pay child support, the parent earning less now has greater after tax resources. Some courts may decide this is appropriate and charge the parent receiving support with purchasing clothing and other items for the children while other courts might seek to equalize after tax income. It is in these cases where the judge hearing the case and the particular judge's attitudes towards how support should be handled will result in differences between cases.
The Parent Who Pays Is Not Always the Parent With Less Parenting Time
A common misconception is that the "noncustodial parent" always pays child support. But in modern custody arrangements, especially where parents share time, that label may not tell the whole story. Despite what is written above dictating which parent is entitled to support, an agreement might not follow the law as it is laid out. The amount of time and resources of the parents may dictate an agreement where no child support is paid but where parents pay certain add-on expenses (think camp, daycare and activities) in proportion to their earnings or in different proportions to consider that basic child support is not being paid. There simply is no one-size fits all rule for child support in every case. While in practical terms, the higher-earning parent may still have a support obligation this is sometimes mitigated by other factors.
Why This Issue Causes So Much Conflict
Child support disputes become especially difficult because they sit at the intersection of money, parenting, and fairness.
One parent may feel: "I have the children half the time, so why should I pay?"
The other parent may feel: "The children should not have one standard of living in one house and a much lower one in the other."
Both concerns are understandable. But the court's focus is not on what feels fair to either parent in isolation. The central issue is what arrangement properly supports the children under New York law.
The 2026 Child Support Cap Matters
New York periodically adjusts the income caps used in child support and maintenance calculations. As of March 1, 2026, the combined parental income cap under the Child Support Standards Act increased to $193,000.
That does not mean child support can never be calculated on income above that amount. In higher-income cases, courts have discretion to apply child support to income above the statutory cap depending on the facts of the case.
This is especially important on Long Island, Westchester and in New York City, where many families have incomes above the statutory cap. The difference between applying the formula to the cap only, or to income above the cap, can significantly affect the support obligation.
Child Support Is More Than a Monthly Payment
Parents should also understand that child support is not the only financial issue involving children.
A divorce or custody agreement may also address:
- Health insurance for the children
- Unreimbursed medical expenses
- Childcare costs
- Educational expenses
- Extracurricular activities
- College-related expenses
- Summer camp
- Religious or special needs expenses
These add-on expenses can be just as important as the basic monthly child support number.
What Parents Should Think About Before Agreeing to 50/50 Custody
Before agreeing to a shared parenting schedule, parents should think carefully about whether the schedule is truly workable.
Important questions include:
- Can both parents reliably get the children to school and activities? A schedule that looks fair on paper may not work if one parent cannot handle weekday mornings, homework, transportation, or extracurricular commitments.
- Are the parents able to communicate? Shared parenting requires coordination. If every exchange becomes a conflict, the children may suffer.
- Are both homes appropriate for the children? The issue is not whether both homes are identical. The issue is whether the children's needs are being met in each home.
- How far apart do the parents live? Distance can make an equal schedule difficult, especially once school, sports, friends, and activities are involved.
- Is the schedule being proposed for the children — or to reduce child support? Courts are generally focused on the children's best interests, not on whether a parent is trying to improve a financial position.
Do Courts Prefer 50/50 Custody?
Not automatically, but there has been a shift towards a more equal amount of time between parents.
New York courts decide custody and parenting time based on the best interests of the children. A 50/50 schedule may be appropriate in some families, but not in others.
Courts may consider factors such as the parents' historical roles, work schedules, ability to cooperate, the children's needs, the distance between homes, and whether the arrangement provides stability. At the same time, one parent may choose to step up their involvement at a divorce. Courts will not penalize a parent for working who is able to spend meaningful time with the child/children. Families may fall into specific roles while the family is intact. Once the family is no longer in tact the roles each parent plays may shift.
There is no one-size-fits-all parenting schedule.
The Biggest Mistake Parents Make
The biggest mistake is assuming that custody labels alone determine child support.
They do not.
A parent can have substantial parenting time and still pay support. A parent can share custody and still have financial obligations. A parent can also agree to a parenting schedule that later becomes difficult to follow.
Before signing an agreement, it is important to understand both the parenting and financial consequences.
Bottom Line
In New York divorce and custody cases, 50/50 parenting time does not automatically mean no child support.
The final result depends on the parenting schedule, each parent's income, the statutory child support guidelines, the children's needs, and the court's discretion — especially in higher-income cases.
Parents should get advice before making assumptions or entering into an agreement. What seems simple at the beginning of a case can have long-term financial and parenting consequences.
For a deeper look at how the statutory cap itself works — and how far above it courts will go in higher-income cases — see New York Child Support Above the Statutory Cap: What Happens and NY Child Support and Spousal Maintenance Caps Increase.
Most & Schneid, P.C. represents clients in divorce, custody, child support, and other matrimonial and family law matters. If you have questions about child support or parenting time in New York, contact our office to discuss your situation.
This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Every case depends on its specific facts, and you should consult with an attorney about your individual circumstances.