What Is Child Support in New York?
Child support is designed to ensure that children are properly taken care of after their parents separate. In New York, both parents are legally responsible for the financial care of their children, even after divorce. Child support is meant to cover the costs of raising a child, including housing, food, clothing, education, and healthcare. The parent who does not have primary custody of the child, known as the non-custodial parent, typically pays child support to the custodial parent. The custodial parent is the one who lives with the child for most of the time. Child support is determined using a formula that takes into account the income of both parents and the number of children involved. This formula is designed to make sure that the child’s standard of living remains as close as possible to what it was before the separation. The amount of child support is based on a percentage of the parents’ combined income. For one child, the non-custodial parent pays 17 percent of the combined income, 25 percent for two children, and so on. The courts can adjust the support amount based on specific circumstances, but the state guidelines generally govern the calculation.
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What Is Spousal Support in New York?
Spousal support, sometimes called maintenance or alimony, is money paid by one spouse to another after separation or divorce. The purpose of spousal support is to provide financial help to a spouse who may not have the same earning potential as the other. This can be especially important when one spouse stayed home to care for children or supported the other through education or career development. The courts in New York use a formula to determine spousal support, but it is much more flexible than the child support formula. The judge considers factors such as the length of the marriage, the earning capacities of both spouses, the health and age of both parties, and whether one spouse sacrificed career opportunities for the family. Spousal support can be temporary or long-term, depending on the circumstances. The goal of spousal support is to help the receiving spouse maintain a standard of living that is close to what it was during the marriage. However, spousal support does not always last forever. In many cases, it is meant to provide temporary financial support while the receiving spouse gets back on their feet.Coordinating Child Support and Spousal Support
When both child support and spousal support are involved in a divorce case, coordinating these payments can be challenging. Although both types of support are designed to help maintain the financial well-being of family members after a divorce, they are calculated and awarded separately. However, the amount of one type of support can sometimes impact the amount of the other. For example, when calculating spousal support, the court may consider how much child support is being paid. This is because child support is intended to help cover the costs of raising a child, and it may reduce the overall financial needs of the custodial parent. Therefore, if a significant amount of child support is being paid, the spousal support award may be reduced. On the other hand, spousal support can also impact child support. In some cases, if the paying spouse is required to pay a large amount of spousal support, they may have less income available to pay child support. The courts take both forms of support into account to ensure that the paying spouse is not overburdened, but that the receiving spouse and children are adequately supported.Related Videos
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