How Your Income Can Affect Custody Determinations

When you choose divorce mediation, the goal is to reach an agreement with your spouse about major issues—including custody—without going to court. Although spouses are entitled to reach an agreement in any way they choose, your income will still have an impact on custody and child support. Here’s what to expect from the mediation process.

Custody considerations

In court, New York judges typically consider (among other factors):

• • “Stability of both parents

• • Child care arrangements

• • Who was the primary caretaker prior to the filing of a child custody case

• • Mental health of both parents

• • Physical health of both parents

• • Child’s preference for living with which parent

• • Where the child’s siblings live

• • Educational opportunities available for the child

• • Finances of each parent”

These factors can help you discuss custody and support with your co-parent—but income will still play a large role in your agreement. For example, if you left a job to be your child’s primary caretaker, you and your ex should take that into account when considering custody and child support. One spouse may be in a better position to care for the child full-time, but their income situation may not be conducive to the child’s care. In that case, the other parent may agree to provide support on a proportional, percentage of income or other model.

However, if you think your ex may be uncooperative regarding support and custody, mediation may not be right for you—especially if you lack resources for a long, protracted court battle in addition to mediation. It’s wise to consult a family law attorney beforehand to discuss your options, even if both of you are taking a collaborative approach.

If you’re considering divorce, call the experienced Long Island divorce mediators at Solutions Divorce Mediation today.