Under the Child Support Standards Act of New York State, the age of emancipation is 21. Child Support runs until the age of 21, unless a child emancipates themselves sooner. That can occur in a number of ways, which include leaving a parent’s home, obtaining their own housing, starting their own family, or joining the […]
Category Archives: Child Support
A concern for many spouses, whether you’re the moneyed or less-moneyed spouse, is: how long do I have to pay or can I receive maintenance? There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is paid during the course of an action. Post-divorce maintenance is awarded by a court in the determination, as […]
If you have a Child Support order in New York State that was issued by Supreme or Family Court, it is possible that you can modify that order. You may have a Supreme Court judgment of Divorce that encompasses Child Support, or it says that future issues pertaining to Support modification or enforcement may be […]
In New York State, there are a number of mandatory add-ons to Child Support. In addition to the basic Child Support Payment that is paid each month by the non-custodial parent to the custodial parent, there are additional expenses that must be paid. Those expenses include Non-Reimbursed Medical and Dental Expenses. In the first instance, […]
Our clients often as us how Dependency Exemptions are handled in a Divorce case. First and foremost, we refer to the federal law, which is the tax code. Under the tax code, the parent who has custody has the right to claim the children as dependents. However, in many instances, the parent’s negotiate an outcome […]
If your spouse resides in another state, you may not be able to file for Child Support in New York State. That will depends upon whether or not your spouse resided in New York State, prior to moving away. It may also depend upon if your spouse abandoned you and the children in New York […]
In New York State, the non-custodial parent pays child support to the custodial parent. Now that issue gets a little sticky when we have parents who are sharing custody equally. Under New York case law, the non-custodial parent is the parent who earns more money however that does not mean that in every case of […]