3 Child Support Claim Tips
If you are going through a divorce and have questions, read these 3 child support claim tips. Then, contact our Saratoga lawyers today.
1) Pro Rata Child Support Enforcement
Oftentimes, people have in their agreements for what are called mandatory add-ons. Those include child care, unreimbursed medical expenses, and health insurance premiums. Oftentimes, those stipulations and orders will also provide methods by which you notify the other party that you’ve paid those expenses, notice requirements, and things that you must do to make them aware of the fact that they’ve defaulted. While you may go into family court and file an enforcement or a violation petition, you should consult with an attorney to review the agreement in its entirety, to make sure you’ve complied with any pre-conditions.
2) Financial Disclosure Affidavit
Every party is required to produce what’s called compulsory financial disclosure. This includes a financial disclosure affidavit, which will lay out your income, your expenses, your assets, and your liabilities. In addition, you would be required to file your most recently filed tax return and pay stub.
3) Paying Child Support if You Become Full Custody Holder
As an Albany Child Custody Attorney I am often asked about stopping child support if you become the full custody holder. The best thing to do is contact the family court and have your payments terminated. Even if custody changes you are still viewed as owing that money. I advise clients as an Albany Child Custody Attorney that the only way to just stop paying is if you direct pay the child’s mother, but we still recommend going through family court.
If you are going through a divorce and have questions about child support, read these 3 child support claim tips and contact our experienced Albany Child Custody Attorney.
If you have children and are considering a separation or divorce, one of the most important decisions you will have is how your children will be raised and cared for. This is difficult in an intact marriage; when parents are going through the emotional trauma of marital dissolution, this issue can become explosive. Jean M. Mahserjian, Esq., P.C. understands the complexity of the legal and human issues attached to child custody. We can help you obtain a complete custody arrangement that meets the individual needs of your children and addresses the unique circumstances of your family.
Family law courts decide matters based on their perception of “the best interest of the child(ren).” Since stability is generally in the children’s interest, especially during a time of upheaval like a divorce, the court prefers to maintain the status quo. This can mean identifying a parent who has been the primary caregiver and favoring that person in custody matters, just as the primary bread-winner would take primary responsibility for child support. A parent who has been largely absent in the children’s lives has a difficult time suing for joint legal and physical custody during a divorce.
Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, and an online uncontested divorce service.
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