Child Support & Maintenance
Staten Island, New York, Child Support Lawyer
Divorce almost always creates a need for substantial financial adjustment by both parties, but understanding our laws and planning accordingly can help you avoid financial hardship. If you are facing or considering divorce, you can contact me to gain valuable insight into your financial options and likely obligations.
Current New York state laws provide an objective structure for the child support that must be paid by a noncustodial parent after divorce. The statutory guidelines take both parents’ income into account, and establish percentages of total income that must be paid, depending on the number of children.
Child Support Orders May Involve Exceptions
Although the basic level of support is nearly always a simple calculation, a number of factors may be considered in the actual child support order. Whether you will need to receive or pay support, I can help you form expectations and also provide legal counsel about exceptions involving:
- Treatment of income above a combined parental total of $130,000 per year
- Income from resources other than employment
- Special needs of the children
Preparation With Your Lawyer Is Essential on Maintenance Issues
New York laws governing domestic relations also establish guidelines for awards of maintenance to one spouse. Modern changes in these laws — including a move away from the once-common terms alimony and spousal support — generally encourage the treatment of such payments as more temporary than in the past. In many cases, an award of maintenance covers a period that will allow the supported ex-spouse to become self-supporting, or to account for the necessity of caring for very young children.
Maintenance awards and orders are substantially more subjective than those for child support. It is essential to establish a strong, clear position on why you feel you should receive maintenance — or why you do not believe spousal maintenance should be granted in your divorce case, based on factors the court views as relevant.
Contact Benjamin Haber, Attorney at Law, for informative counsel on how to deal with child support and maintenance issues in your divorce. I offer free initial consultations.