As matrimonial attorneys, we often encounter situations where the parent with the higher of the parties' two annual incomes battles for custody of the child for more than 50% of the time. While a parent who is seeking more time often does so because they truly want additional time with their child, we also encounter matters where the competition for more time is economically driven.

New York courts typically award child support to the parent who spends the greater amount of time with a child. The noncustodial parent (the parent who has the children less than 50% of the time) routinely pays child support to the custodial parent (the parent who has the children more than 50% of the time). Additionally, when parents share custody on a 50/50 basis, the parent who earns more income normally pays child support to the other parent. See Bast v. Rosoff, 91 N.Y.2d 723, 728 (1998).