Child or Spousal Support
Whether or not to get a divorce is a major question for a family’s future. An individual who is seeking spousal support and child support is typically concerned about having enough money to cover basic needs such as food, clothing, and shelter. The individual who is paying support is typically concerned about also being able to meet their own financial needs.
The Law Offices of Joseph S. Gulino, Jr., Esq., PLLC will help determine your financial needs and seek to protect your interests throughout the duration of your divorce, custody and support claims. Our primary goal is to assist you in resolving your troubles with as minimal a disruption to your family life as possible, while still moving forward in the best way possible.
How is Child Support Generally Determined In New York
- Child support in New York is determined by a set of guidelines that take into account factors such as income, expenses and the time that each parent spends with the children.
- Spousal support or maintenance is impacted by such factors as the needs of the dependent spouse, the ability of the supporting spouse to pay financial support and the cost of maintaining a reasonable standard of living. The amount and length of spousal support can depend on marriage length and the income earning potential of each spouse.
The state of New York determines payment amounts by following a formula based on the combined incomes of each parent. When the combined income is less than $141,000 per year, the court will multiply the income amount by a percentage per child (i.e., 17% for one, 25% for two). Depending on the parent’s individually contributed income, each will be responsible for a percentage of that number. If any one parent’s earnings make up the majority of the income, he or she will pay the larger amount over time. If this parent is the one with physical custody, he or she will not be making any “payments” per se.
For combined income over $141,000, the courts will either use this same formula for the total, up to that limit, or calculate an additional payment amount based on the child’s needs. For purposes of child support in New York, any type of payments are considered income, including worker’s comp, pensions, disability, unemployment, etc. Usually, federal aid income will be adjusted to accommodate support payments. State aid public assistance, on the other hand, is not considered income and will be deducted from the combined income total.
- If the parents agree on a support amount before being seen by a judge, they have a right to have the judge’s calculations waived. They will need to submit the plan in writing along with a description of why they believe their agreement should be used instead. Occasionally, child support agreements may need to be modified. A parent may lose a
After researching financial situations and custody arrangements of the parties, we will foresee potential outcomes for various scenarios in order to be prepared for negotiations with the other party or to fight aggressively for your needs in the courtroom.
Contact Our Westchester Family Law Firm
The Law Offices of Joseph S. Gulino, Jr., Esq., PLLC will work diligently to ensure that the best interest of your child are protected. We are experienced in handling all matters of child support and will represent you with your child’s best interest as the priority. Call the Law Offices of Joseph S. Gulino, Jr., Esq., PLLC at (914) 292-9272 for a consultation.