Baraby v. Baraby

In Baraby v. Baraby (250 AD2d 201 [3d Dept 1998]), the court, held that "it is now settled that shared custody arrangements do not alter the scope and methodology of the CSSA." (See Baraby, 250 AD2d at 203-204.) The court further held that "the three-step statutory formula of the CSSA for determining the basic child support obligation must be applied in all shared custody cases." (Id. at 204.) In doing so, the court held, the noncustodial parent must be directed "to pay a pro rata share of that obligation unless the court finds that amount to be 'unjust or inappropriate'." (Id.) In determining how to identify the "non-custodial parent" in cases where the parties split evenly the physical custody of the child, the court in Baraby held as follows: "We interpret Bast as requiring application of the CSSA to such situations to assure that children will realize the maximum benefit of their parents' resources and continue, as near as possible, their preseparation standard of living in each household. In order to effectuate this goal, where, as here, the parents' custodial arrangement splits the children's physical custody so that neither can be said to have physical custody of the children for a majority of the time, the parent having the greater pro rata share of the child support obligation, determined after application of the three-step statutory formula of the CSSA, should be identified as the 'noncustodial' parent for the purpose of support regardless of the labels employed by the parties." (Id.) In Baraby, the court had before it a fact pattern where the parents shared custodial periods with the child on an equal basis by alternating weeks thereby creating a true 50/50 split which made it impossible to identify a custodial parent on the basis of the respective time the parties spent with the child.