CHILD SUPPORT - WHEN BOTH PARENTS HAVE EQUAL PARENTING TIME

Smisek v. DeSantis, 209 AD 3d 142 - NY: Appellate Div., 2nd Dept. 2022:

"We conclude, to the contrary, that the court-ordered custody arrangement in this case splits the parents' physical custody of the children in such a manner that "neither can be said to have physical custody of the children for a majority of the time" (Baraby v Baraby, 250 AD2d 201, 204 [1998]). In such circumstances, the parent having the higher income and thus bearing the greater pro rata share of the child support obligation, here, allegedly, the father, is deemed the noncustodial parent for child support purposes (see Matter of Conway v Gartmond, 144 AD3d 795 [2016]; Baraby v Baraby, 250 AD2d 144*144 at 204)."