Getting Child And Spousal Support Right
Decisions regarding financial concerns in divorce such as child support and spousal maintenance (alimony) are often among the most contentious disputes couples face when a marriage ends. Working with an experienced family law attorney such as me is invaluable in these situations.
With more than a decade of family law experience, our attorneys have appeared in numerous courtrooms in the Greater Buffalo-Niagara region. We have a thorough understanding of New York statutes as they apply to both child support and spousal maintenance. We also know the individual tendencies of judges in western New York, including what factors are more likely to result in judges deviating from the formulas that are used to determine child and spousal support.
The New York state legislature made major revisions to spousal maintenance laws in 2015 and continues to review other family law statutes. It is wise to work with an attorney like ours, whose practice is focused strictly on family law. Call 716-250-9302 to schedule a meeting.
Putting You In A Sound Financial Position
Whether you expect to receive support or pay it, you need to work with a lawyer who will protect your rights and ensure that you maintain the strongest financial foundation possible following your divorce or the end of a nonmarital relationship.
New York law states that children are entitled to share in both parents’ net income until they are 18 years old. Child support laws apply equally to children born in and out of wedlock. The court will adhere to statewide child support guidelines, which assign a certain percentage of each parent’s income to child support. In addition to income, the court will consider a number of other factors, including:
- The child custody arrangement
- Health insurance and day care expenses
- A child’s physical and emotional health needs
- The standard of living a child would have enjoyed if the marriage had remained intact
- Additional child support payments a parent may be paying
Alimony may be paid to a spouse both during and after a divorce. Temporary maintenance is paid while a divorce proceeding is completed in order to allow a party to cover reasonable needs and maintain a certain standard of living. Here again, the court uses a formula to determine the amount of temporary maintenance that will be paid and has the right to deviate from that formula for extenuating circumstances.
The court will calculate the amount of post-divorce maintenance based upon a number of factors, including:
- The income and assets of both parties
- The length of the marriage
- The loss of health insurance for one party as a result of the divorce
- The age and health of both parties
- Tax consequences
- The ability of a recipient of spousal maintenance to become self-sustaining
- Whether one party’s actions resulted in significant and wasteful losses of marital assets during the marriage (for example, gambling losses)
Helping You Resolve Maintenance Issues Amicably
As with any other aspect of divorce, alimony and child support can be resolved without litigating. We have a strong record of helping our clients reach agreement on these matters through negotiation. We invite you to schedule a free consultation in which an attorney can review your situation and provide a candid assessment of what you can expect in terms of child support and alimony. Call or use the online contact form to schedule a meeting.