NY Family LawUpdated for 2026 Guidelines

New York Parenting Time & Custody Overnight Calculator

Calculate custody overnights, determine annual percentage split, and verify statutory qualification for child support reductions under N.Y. Fam. Ct. Act § 413 & Bast v. Rossoff, 91 N.Y.2d 723.

Direct Answer · Custody Statutory Rule (2026)

In New York: Parenting time directly reduces child support obligations when a non-custodial parent reaches 182 overnights per year (50% timeshare) under N.Y. Fam. Ct. Act § 413 & Bast v. Rossoff, 91 N.Y.2d 723. The court calculates relief using the cssa statutory formula / bast v. rossoff (proportional share to non-monied parent). Standard rotational schedules such as 2-2-3 (182 nights) qualify for full shared-custody adjustments.

Statutory Citation: N.Y. Fam. Ct. Act § 413 & Bast v. Rossoff, 91 N.Y.2d 723Judicial Authority: New York Family Court GuidelinesLast Verified: October 2026

Parenting Time & Custody Overnight Calculator

Calculate annual overnights, time-sharing percentage, and state child support adjustment qualification.

Jurisdiction / State:

1. Select Parenting Schedule Pattern:

2 nights every other weekend across 26 fortnights = 52 overnights/yr (14.2%).

Summer Extra Nights:Additional summer block

Holiday Extra Nights:Thanksgiving / Winter break

Annual Time-Sharing Breakdown

Parent A (Non-Custodial)

52 nights

14.2%

Parent B (Primary)

313 nights

85.8%

Parent A: 14.2%Parent B: 85.8%

⚠️New York Statutory Threshold: 182 Nights (50%)

Below Threshold. Current schedule provides 52 overnights, which is 130 nights short of the 182-night threshold for New York. Standard sole custody support applies without automatic time-sharing discount.

Statutory Legal Reference: N.Y. Fam. Ct. Act § 413 & Bast v. Rossoff, 91 N.Y.2d 723 — CSSA Statutory Formula / Bast v. Rossoff (Proportional Share to Non-Monied Parent). In New York, overnights are counted under the following rule: An overnight requires the child to reside and sleep at the parent's home.

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Calculate net payments using New York's official child support schedule, health insurance add-ons, and income deductions.

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New York Legal Guidelines on Custody Overnights

Statutory Threshold

182 Overnights

Equal to 50% of annual parenting time

Legal Methodology

CSSA Statutory Formula / Bast v. Rossoff (Proportional Share to Non-Monied Parent)

Governed by N.Y. Fam. Ct. Act § 413 & Bast v. Rossoff, 91 N.Y.2d 723

Official Overnight Counting Rule in New York

An overnight requires the child to reside and sleep at the parent's home.

Standard Default Possession Schedule

Alternating weekends (Fri 6 PM to Sun 6 PM), alternating holidays, and 2-4 weeks summer (~75–85 overnights).

Court Evidence & Verification Checklist for New York

If you are requesting or defending against a child support reduction in New York family court based on shared physical care, prepare the following evidence:

Record school morning drop-offs in NYC or upstate school districts.
Preserve receipts for direct child expenditures (clothing, school supplies, tutoring).
Keep co-parenting communication logs.

New York Custody Overnights FAQ

Does New York allow a percentage reduction for shared custody?

No. In the landmark decision Bast v. Rossoff, the NY Court of Appeals strictly rejected the "proportional offset" method. The parent with the higher income is deemed the non-custodial parent and must pay the full statutory percentage (17% for 1 child, 25% for 2, etc.) regardless of 50/50 time.

Can a New York judge deviate from the formula for 50/50 custody?

Yes, but only under the statutory deviation factors (N.Y. Fam. Ct. Act § 413(1)(f)), where the court must issue specific written findings that applying the full statutory amount would be unjust or inappropriate.

Data sources & methodology

New York Statutory AuthorityN.Y. Fam. Ct. Act § 413 & Bast v. Rossoff, 91 N.Y.2d 723 — Official state guideline schedule and parenting time rules.
NCSL Custody GuidelinesNational Conference of State Legislatures — Shared Physical Custody and Parenting Time Models.
New York Family Court RulesLocal standard possession schedules, overnight definitions, and administrative calculation forms.

Methodology and citations are maintained by the ChildSupportFig editorial team. Where an official guideline schedule is not yet loaded, results are shown as model estimates and the source is stated as a reference schedule.

Not legal or financial advice. Child support is determined by a court based on your state’s official worksheet. Online estimators provide an informal planning figure only. Laws change — always confirm the current guideline with your state child support agency or a licensed family law attorney in your state before relying on any number.