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In New York, there are two different forms of support awarded in divorce cases. They are child and spousal support. These assignments are awarded for completely different purposes, yet they provide financial support after divorce proceedings have concluded. Local attorneys assist clients with these assignments and ensure that they are fair and reasonable.
How is Child Support Calculated?
Child support is calculated according to two primary factors. The total income of both parents and the total number of children involved. The type of custody awarded may play a role in these determinations as well as the choices made by each party.
First, the court begins by identifying the right amount of support to keep the child in the same lifestyle achieved during the marriage. Initially, ten percent of the non-custodial parent’s income goes toward the support of the first child. Next, the court determines which parent has the higher income. If the custodial parent’s earning capacity isn’t as high as the non-custodial parent’s, the court makes an adjustment to meet these challenges.
Any ongoing medical requirements for the child are identified. Typically, each parent must cover at least fifty percent of these costs. These expenses are often included in child support calculations. Any education-based expenses are also added to the total child support award. However, college-level expenses are often submitted to the university directly.
Is Child Support Increased at Any Time?
Yes, if the custodial parent suffers a financial hardship, they can request an increase in child support payments. They can submit an increase request after the first year. However, they must provide a valid reason for the increase request.
What Happens If a Parent Fails to Provide Child Support Payments?
A child support order is a court order and is enforced in the same manner. A failure to provide financial support ordered by the court is considered a criminal act. Non-custodial parents who fail behind on child support payments could face criminal charges pending their ability to catch up on these payments.
What is an Income Execution?
An income execution is essentially wage garnishment. The state can garnish the wages of the non-custodial parent if they continue to fail to provide timely child support payments. The state is limited to a value of ten percent of the parent’s wages each pay period.
Why is Alimony Awarded?
Alimony or spousal support is provided to a spouse based on an inability to support themselves. For example, if the spouse never worked during the marriage, they may not possess the career skills needed to achieve the same lifestyle they had during the marriage. For this reason, the court orders their former spouse to pay them spousal support payments.
What Factors Affect the Value of the Alimony Paid?
The length of the marriage is the first factor considered when alimony is assigned. In most circumstances, the marriage must last at least eight to ten years before alimony is allowed. The spouse must prove that they lived as a married couple throughout this duration to qualify for alimony.
Next, the spouse’s earning capacity is addressed. In some cases, the former spouse may pay for a college degree program instead of spousal support. This option enables them to help their former spouse acquire the career skills needed to increase their earning capacity. On the other hand, they may be required to pay limited or temporary alimony until their former spouse completes the program.
The terms of a prenuptial agreement also define the value of alimony paid and circumstances under which it is required. For example, if the agreement stated that either spouse would pay alimony if they were unfaithful, the court will uphold the terms of the agreement. Equally, if it defines a percentage of earnings promised to the spouse if the marriage fails, the court would enforce these terms.
What are the Different Types of Alimony?
Alimony assignments are either temporary or permanent. Temporary assignments have an expiration date. Once the duration specified has passed, the former spouse no longer provides support. Permanent assignments, on the other hand, are paid throughout the former spouse’s life.
In New York, the court enforces two types of financial support in divorce cases. They are child and spousal support payments. Petitioners who need assistance with these assignments contact a local divorce attorney now.