The state of New York has two main types of support payments involved in divorce agreements. With these payments, one spouse will pay their former spouse an agreed-upon amount based on the terms of their settlement.
The first type of support is child support, which involves payments that a non-custodial parent gives to the custodial parent for their child’s upkeep. This is a way of filling their financial obligation as a parent. The second type of support is spousal support. This support is used when there’s a significant pay gap between the spouses, and the lower-income spouse needs payment to maintain financial independence.
Child Support Payments in New York City
Child support laws vary slightly from state to state. Fortunately, New York has passed a Child Support Standard Act. This act, also referred to as the CSSA, helps regulate the calculation of child support payments throughout the state. The goal is to make child support cases follow uniform laws rather than being entirely based on the whims of the judges.
However, child support laws and calculations are extremely complex. They take into account a great deal of different factors. Because of this, it’s imperative that you have a family law attorney help you with the process. They’ll be able to make sure that your rights are respected, that all paperwork is filed correctly, and that all calculations are accurate. An attorney is essential no matter whether you’re the spouse providing support payments or seeking support payments.
Child support payments are determined by considering both spouse’s incomes and the child’s standard of living. Any special developmental necessities or medical conditions will also contribute to the payment amount. Child support payments can be adjusted by the judge if there is a change in circumstances. One example would be the non-custodial parent losing a job, or the custodial parent suddenly gaining significant new income.
The goal of child support payments is to make sure the child is well cared for. The judge must rule with the child’s best interests at heart.
Each parent’s income is calculated by taking the gross amount of their assets and wages, then subtracting deductions like taxes. The final number is the amount of money that goes into each spouse’s pocket. If there are any spousal or child support payments that the non-custodial spouse is already paying, these will be deducted from the total income as well.
New York law has a specific algorithm that calculates the support amount based on the number of children and the non-custodial parent’s net income. Payments must continue either until the children have reached age 21 or become legally emancipated.
Spousal Support Payments
In the past, spousal support payments were referred to as alimony. New York state law considers spousal support to be very similar to child support. Like child support, the amount of the payment is calculated through a predetermined formula. Unlike child support payments, however, the money goes to the spouse rather than the child.
A related type of support is spousal maintenance. This action might be ordered during divorce proceedings, when the divorce has not yet been finalized. Since the couple is still married, spousal support payments have not yet gone into effect. However, some kind of spousal maintenance may be necessary for the lower-income spouse to live independently during the divorce proceedings.
Spousal support payments also bear a similarity to child support in that they may be adjusted if the circumstances change. When the cost of living goes up, a judge may reconsider the amount of the support payments. A judge might also adjust the amount if one spouse’s income changes significantly.
For changes in the payment to be made, one of the spouses needs to file a petition with the court. No matter whether you’re the spouse receiving payment or the spouse giving payment, it’s important to get a family law attorney to help you present your case.
Family law attorneys are familiar with family court and spousal support systems. They’ll be able to make sure your petition paperwork is filed on time and in the appropriate venue. They’ll also review the facts of your case and gather the necessary proof to justify the adjustment.
Changing a support agreement can be difficult no matter whether you want to lower or increase the payments. The original support agreement is considered a binding contract. You need to provide information explaining why that contract is no longer valid and needs to have its terms updated. An attorney can help with this