To protect your legal rights in matters related to child support or spousal support, you should seek knowledgeable legal representation. These issues are often emotionally charged and highly contested, requiring the attention of a lawyer experienced with child support and spousal support issues. Trying to figure it out on your own can cause a great deal of trouble.
At Goldberg Sager & Associates, our lawyers have nearly 60 years of experience representing the interests of our family law clients. We are sensitive to our clients' needs, ensuring they receive status updates at all times.
In New York, child support is determined according to state statutes and varies depending on the number of children involved. There is a specific formula used to calculate child support payments. Parents may also be responsible for certain add-ons to the child support award, such as babysitting — where the noncustodial parent often helps out — and unreimbursed medical expenses.
Factors Affecting Spousal Support (Alimony Or Maintenance)
Spousal support is sometimes called alimony or spousal maintenance. Regardless of the terminology used, the decision to award spousal support is determined in part by the income of each party and the length of the marriage. A temporary spousal support order can be awarded while a divorce case is pending. The order may later be made permanent.
These are some of the factors the court considers when awarding spousal support in New York:
- Duration of the marriage: The length of your marriage weighs greatly on the court's decision regarding alimony. If you have been married for a long time, the court may conclude that you have contributed much to your marriage and spousal support should be awarded.
- Ability to pay: The court carefully examines the income of each party and determines each spouse's ability to pay support.
- Children of the marriage: The welfare of children is the court's top priority, even when awarding spousal support.
- Standard of living: When awarding spousal support, the court tries to maintain the current standard of living of each spouse.
- Earning ability: The court looks at your current and future earnings. If one party has significantly more income than the other, this can influence the court's decision about who deserves spousal support.
- The age and health of the parties.
- The need of one spouse to incur education or training expenses.
- The availability and cost of medical insurance for the spouse.
- The tax consequences of the spouses.
- The care of children, stepchildren, elderly parents and disabled adult children.
Our lawyers have many years of experience working with the New York child support and spousal support laws and the case law interpreting those statutes. We will take the time to explain how the law affects you and help you make an informed decision that best serves your long-term interests.
Contact Our Team
Goldberg Sager & Associates recognizes that child and spousal support are issues that fuel many divorce disputes. Our team of highly qualified attorneys is prepared to provide you with the sound legal guidance you deserve. Contact us today to learn more.