CHILD SUPPORT

Oct 26, 2018

Question #25: My son stays with me for six months a year and he spends the other six months with his mother. Am I required to make child support payments to the mother during the months that my son lives with me.

Answer: If you entered into a written Separation Agreement, this issue should have been addressed at that time, and I suggest you review the Separation Agreement to see if it contains any advice regarding this issue. Generally, the parties provide that in the event the child remains with the noncustodial parent for more than a […]

Oct 26, 2018

Question #24: My brother and his wife live in New York State on Long Island and have been married a little over a year. They are expecting their first child in several months. Unfortunately, things have not been working out she says she wants a divorce. She has been abusive towards my brother in a physical manner i.e. throwing things at him and hitting him as well as threatening to call the police if he does not leave their home. Reconciling does not seem possible. My brother has financially invested a lot into this marriage i.e. their home, furnishings, etc. If they get divorced, will my brother be likely to pay alimony and/ or child support in this situation. Also, she has threatened to move out of state so he cannot see the child, what if anything can he do to prevent this?

Answer: If there is a big discrepancy between the incomes of your brother and his wife, your brother will most likely be required to provide her with some form of spousal support for a short period until she can get back on her feet and develop the skills necessary to provide for her own support. […]

Oct 26, 2018

Question #23: I am currently considering a separation from my husband. I earn substantially more than he does ($70M vs. $40M). If I retain custody of the children am I still entitled to child support and how is child support calculated?

Answer: Child support is calculated based on a percentage of the total incomes of both parties; the percentage varies depending on the number of children. You could agree to a different amount for child support through a mediated Separation. The resident parent receives the child support payments from the non-resident parent regardless of the resident […]

Oct 26, 2018

Question #22: 1) How is child support allotted in NY? For 2 children, is the amount taken from the father’s weekly gross paycheck or the weekly net? 2) If we live in Mitchellama housing, would the parent who remains in the home with the children have to pay equity of some kind to the parent who leaves?

Answer: 1. The NY statute regarding the calculation for child support is complex, but for purposes of this discussion it is approximately 25% of one’s gross annual salary for two children . It can be paid weekly ,bi-weekly or monthly as the parties agree or the Court orders. 2. The ownership of the apartment must […]

Oct 26, 2018

Question #19: my wife moved to a new residence approximately 15 months ago. although we are not legally separated, we are in the process of getting divorced. chils support has been the primary issue holding us back. her lawyer claims i should pay 25% of my income for our two children. i wonder if this amount is correct. furthermore, i have the girls 3 days/nights a week therefore facing many of the costs associated with child rearing. i currently make about 72,000 and my wife about 38,000. i want to do what is fair, but i do not want to be taken advantage of. they are currently asking for 1,500 a month, which is impossible for me. any advice.

Answer: The statutory amount required for two children is 25% but only up to the combined incomes of both parents of $80,000; after that it is up to the courts to decide. The exact calculation is complex and not for this message. You are allowed to agree between you to deviate from this statutory amount […]

Oct 26, 2018

Question #17: I was divorced in Ohio in 1995 and have a shared custody agreement for my two girls. I have always paid my child support without exception. I lost my job in January when the technology industry crashed. Despite my total lack of income and meager savings, I maintained my full child-support for 4 months, the time it took for the system to act upon my change of status. My ex-wife is taking me to court believing that my termination was staged!? She is asking that I pay her legal fees. I have found work since at a serious decrease in pay. She is requesting full reinstatement of the $$ at my old jobs rate!! So far, my attorney has told me that I am at risk, and that I will end up paying for her legal fees. I find this amazing in that a horrible event such as losing my job and industry of 20 years places me in this position. Is the system truly this horrific?? Is there anything I can do?? I feel like the good guys finish last in this system..

Answer: If you wish to fight this unfair assessment you must convince the judge that this decrease in salary is not a fluke but is in fact the present salary that is commensurate with the type of skills that you have and that the old salary upon which the original child support was based is […]

Oct 26, 2018

Question #15: My brother is supporting his daughter as result of a divorce. How long do child support obligations continue?

Answer: In order to properly answer your question, I must review the Separation Agreement entered into by your brother in which it most likely expressly states how long and how much he must contribute to the support of his daughter. It most likely provides for an extended period beyond the age of 18 in the […]

Oct 26, 2018

Question #14: What are the statutory child support requirements?

Answer: Each state has its own requirements. The State of New York Domestic Relations Law (D. R. L.) Section 240 provides a complex statutory requirement depending upon the income of the parents and the number of children. The basic amount, however is 17% for 1 child, 25% for two children, 29% for 3 children, and […]

Oct 26, 2018

Question #9: 1. What are CSSA guidelines or court practice in NY for child support for income in excess of 80,000 ? Is it up to mutual agreement between parents? Is the percentage larger or lower than specified percentage ? 2. What are the rules for division of 401K plan ? The money is before taxes so if cash is given to the spouse taxes are subtracted? Is the lump sum distribution to the spouse made into separate IRA kind of account ? 3. Is it possible to reduce 1 yr waiting period in NY ? 4. Can the spouses during waiting period sell the house and move (buy new houses) in different state (NJ) ? Will the NY court accept it?

Answer: The guidelines for income above $80,000 apply the same percentage standard as below $80,000 unless the judge has some reason to apply a different standard. Nevertheless, the parties can usually agree to deviate from the guidelines, as long as they adequately provide for support of the children which includes educational and medical support as […]

Oct 26, 2018

Question #6: Up until March of this year, I lived in VA. I moved to NY in the middle of March, and was married at the end of March to a NY resident. We were married in Nevada. 1. Although I haven’t met the residency requirement, is it possible for a separation agreement to be drawn and executed in NY? And can the divorce papers then be filed one year after the date of separation? 2. Can the separation agreement and divorce be carried out in the state that we were married (Nevada)? Also, she has a 2 year old child from a previous relationship. What would be my responsibilities toward this child? Would support be required on my part? (She supports the child on her own, and does not receive support, nor has filed for support, from the child’s father, which does see the child a few times a month). Also, could I receive visitation/partial custody rights?

Answer: 1. An action for divorce or separation may be maintained in New York when a) the cause occurred in the state and either party has been a resident for a continuous period of at least 1 year immediately preceding the commencement of the action; or, b) either party has been a resident of the […]

LEONARD M.WEINER, ESQ, Ph.D.

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Divorce Solutions

Question #25: My son stays with me for six months a year and he spends the other six months with his mother. Am I required to make child support payments to the mother during the months that my son lives with me.

Question #23: I am currently considering a separation from my husband. I earn substantially more than he does ($70M vs. $40M). If I retain custody of the children am I still entitled to child support and how is child support calculated?

Question #15: My brother is supporting his daughter as result of a divorce. How long do child support obligations continue?

Question #14: What are the statutory child support requirements?