Child Support New York Law DivorceFor couples facing divorce, trauma, anger, and hurt are often heightened. However, dealing with issues at hand and focusing on the facts can often alleviate tension, and in this way, D Martin ESQ. provides practical and factual advice in regards to child support under New York Law. Couples who are in the process of divorce that have minor child must work within the confines of the Child Support Standards Acts. This Act presents a formula, which must be adhered to when working out child support, and according to New York Law, the non-custodial parent is responsible for paying the calculated amount of child support. In addition to monthly living expenses that are taken into account to raise and support the child or children, factors such as health insurance, schooling expenses, and day care are taken into account, into the prescribed formula as set out in the Child Support Act governed by New York Law. When parents divorce, it is imperative that the child’s standard of living remains unchanged. Should parents feel that they are unable to pay the stipulated amount, which has been calculated based on the formula presented by the Child Support Standards Act, parents may “opt out” of the act; however, according to New York Law, both parents must agree on the new amount. The process of opting out is not straightforward, as parents will be required to sign a written agreement, which states that both parents have been advised of the provisions that have been stipulated by the Child Support Standard Act of New York. Since this agreement is a legally biding document, it is paramount that it be prepared by an attorney who is familiar with the law relating to divorce and child support. The Child Support Standards Act is in place to protect the needs of the child. According to New York Law, the non-custodial parent will be required to pay a prescribed percentage of their income after the divorce has taken place. The percentage will be based on income and will increase according to the number of minor children that require support. The entire process is daunting and overwhelming, and it is, thus, imperative that both parents seek experienced and professional legal advice. Once the Child Support Act of New York has been satisfied according to law, the children that were born before the divorce are considered minors until they reach the age of twenty-one, or in certain circumstance, this age may decrease. It will be the role of the non-custodial parent to ensure that the child or children’s standard of living remains relatively unchanged. Couples who are currently going through the motions of divorce must ensure that the children’s well-being is of the utmost importance, and as such, it is vital to work in accordance with the Child Support Act, and in most cases, the New York Court will calculate child support payments in accordance with the Child Support Law that is set out. If you are going through a divorce, and require legal assistance, please feel free to view our website at http://www.dmartinesq.com to learn more about the act that governs Child Support in New York.
email: mzlaw@aol.com Kew Gardens Divorce Lawyer David L. Martin |
