Question #50: SEPARATION Is child support mandated by law when entering into a legal separation? Is this amount negotiated by the 2 parties? Is this affected if the separated parties live on different floors of the same house? Thanks.

Child custody and child support are necessary elements in any legal Separation Agreement. There are defined statutory requirements for child support, depending on the number of children and the incomes of the parents, but the parties can deviate from this statutory requirement if they provide for the adequate support, education, and medical care of the child and enter into a stipulated agreement outlining their responsibilities. This agreement should be prepared by an experienced matrimonial attorney, who is familiar with the legal requirements. The terms of this agreement will require the approval of the court.
Living in the same house will not affect the requirements for child custody and child support.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the preparing such a Separation Agreement.

Leonard M. Weiner, Esq./Divorce Solutions