How Is Child Support And Spousal Maintenance Calculated In Any Divorce Case In New York?
It is important to note that spousal support is only applicable in certain cases. New York State has a calculator on the public domain at ww2.nycourts.gov that calculates maintenance for New York divorces. The calculator has not been changed since the elimination of the tax deductibility of the alimony was passed on the federal level. It is, therefore, somewhat confusing when you go to the website and plug-in the numbers because you will get the same results today as you would have three or more years ago. Read More
Is A Stay-At-Home Parent Automatically Going To Be Favored In Any Sort Of Custody Arrangement In A Divorce Case? Is The Parent Who Works Outside Of The Home At A Disadvantage, Especially If A High Net Worth Individual Works Long Hours Or Travels?
If the lifestyle established is that there’s a stay-at-home mom and an outside working dad, which statistically now shows that many women cannot afford to stay home and be stay-at-home mom, that is a luxury. But of course, if a stay-at-home mom has been designated to be that by the couple, and that is the life plan, why would a divorce change that now? A judge is always going to look at what the couple agreed to before they became a parent because grounds are no longer an issue in New York. For 10 years, there has been no more fault, which could lead to a decision of who gets more in support, assets, and time with the children. However, if the decision that the couple made prior to divorce was for one of them to stay home with the kids, that is a very hard burden to overcome and change, unless there are holistic issues like drug addiction, alcoholism, prostitution, negligence, and issues of bad behavior. But absent of those issues, it is a difficult road to hold in changing the status quo. The court is always going to look to maintain the status quo. The status quo is things as they are. Read More
Contact Us Today (631) 462-3100
(30 Minute Complimentary Zoom Consultation)
“individual or as a couple”