How do you calculate child support in nj
The Easiest New Jersey Child Support Calculator
How many children? i
Your number of overnights i
Your weekly pay i
Other parent's pay i
Child support = $0 weekly i
Court will determine support if combined income is less than $180, and add support if more than $3,600.
Not in New Jersey? Use your location's child support calculator.
New Jersey child support overview
Child support is designed to ensure that both parents contribute financially to their child's necessities (such as food, clothing and shelter) after they separate.
Like all U.S. states, New Jersey uses a formula to determine how much each parent should contribute, and the judge uses the result as a guideline when issuing a child support order.
However, New Jersey's formula tends to produce lower-than-standard results; for a typical family, it produces the fourth-lowest payment in the country, according to a 2019 study by Custody X Change.
Parents can agree to a different child support amount and include it in their parenting plan when they settle a case. The judge decides whether to approve the amount.
Generally, the parent who spends less time with the child pays support. If parents share custody 50/50, the higher-earning parent pays. The parent who pays is called the obligor, and the parent who receives payment on the child's behalf is the obligee.
Estimating parenting time could cost you thousands a year in child support. Let Custody X Change calculate your time.
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Factors in the guideline child support formula
The court considers four main factors when deciding child support. You can enter this information into the calculator above or New Jersey's child support calculator to estimate your payment.
Number of eligible children
A child support payment increases with each eligible child the parents have together.
Support orders generally end once a child turns 18 but may extend to 23 by order of the court or agreement between parents, only if the child stays enrolled in secondary school full time.
The court considers stepchildren eligible if it finds that the stepparent is responsible for them.
Parenting time
The more overnight visits the obligor has with the child in a year, the less they pay in support. The number of overnights is expressed as a percent of the 365 days in a year.
You can calculate overnights with the Custody X Change app or count manually.
For sole physical custody, visits not in the regular parenting time schedule that go longer than five nights (such as vacations or summer break visits) typically don't count toward the overnight total. (Custody X Change users: Temporarily delete these visits from your calendar to get an accurate overnight percentage.)
However, the parent can request a brief child support reduction if they pay the child's food or transportation costs during such a visit. If the court chooses to count the visit toward your overnight total, you won't be eligible for a support reduction.
Any visit longer than 12 hours counts as an overnight, even if it doesn't span two days, though this is rare.
(Custody X Change users: If this applies to you, temporarily extend each visit into the next day by clicking and dragging.)
In the rare case that a visit 12 hours or shorter does span two days, courts occasionally won't count it as an overnight. (Custody X Change users: If your court doesn't count these visits, temporarily delete them from your calendar to get an accurate overnight percentage.)
Income
Determining parental income allows the court to order a manageable payment.
Gross income is the amount a parent earns from wages and other sources (as listed on page 3 of Appendix IX-B) before taxes and deductions. Net income is how much they receive after taxes and deductions (as listed on page 9).
New Jersey adds together each parent's net income to determine combined net income.
The state expects each parent to contribute to their child in proportion to their share of the combined net income. For example, if each parent makes 50 percent of the combined net income, they should contribute to the child's costs equally (taking parenting time and expenses into account).
Expenses
The state assumes families spend a typical amount on their child in the following categories. (Section 8 of Appendix IX-A has details.)
- Housing
- Food
- Clothing
- Transportation
- Uninsured health care costs up to $250 per child, per year
- Entertainment
- Miscellaneous
If a parent wants the court to deviate from the guideline award, they must prove that how much they spend in a category differs from the average family. (e.g., The child might not have any uninsured health costs.)
The court may choose to consider additional expenses, such as:
- Child-care expenses
- Health insurance payments
- Recurring uninsured health care expenses over $250 per child, per year
- Supplemental expenses (e.g., school tuition, extracurricular fees)
Deviating from the guideline formula
The court can increase or decrease the guideline support amount based on several factors, including low or high incomes and government benefits (welfare) received on the child's behalf.
If the obligor chooses to be unemployed or underemployed, support is based on their employment history, education level, last paycheck or unemployment benefits.
The court adjusts the support payment if the guideline amount would leave the obligor with less than $260 in weekly income.
Applying for child support
Custody and child support are usually addressed together, since the custody order influences the support amount.
Child support is automatically part of your case when you file for divorce as the parent of a minor.
Parents in non-divorce cases must fill out a Child Support Services Application and Financial Statement for Summary Support Actions to ask for a support order. If the child doesn't have a legal father, they must first establish paternity.
Some courts require you to complete a child support worksheet, which determines your recommended payment. If you reach an agreement on child support, attach the sheet to your parenting plan. Otherwise, turn it in to the court clerk.
For sole physical custody, complete a sole parenting worksheet. Follow the instructions beginning on page 3 of Appendix IX-B.
For shared physical custody, complete a shared parenting worksheet. Follow the instructions beginning on page 23 of Appendix IX-B (linked above).
If the amount you've agreed to differs from the guideline amount, explain why on the worksheet.
Early Settlement Panel and economic mediation (divorce cases only)
Unless divorcing parents have agreed on all financial issues, including child support, they attend an Early Settlement Panel a few weeks after discovery ends. This means they appear at the courthouse together to get settlement advice from two or three divorce lawyers who have had no involvement in the case.
The lawyers review the settlement proposal and case information statement each parent turns in prior. Then, each party presents their case.
The lawyers deliberate in private before providing a recommendation for how to handle child support, alimony, property and other finances in a settlement.
If parents don't settle at this point, they go to economic mediation for another chance to agree on issues like child support.
Modifying child support
You can ask the court for a support modification whenever certain circumstances arise. These may include changes in the parenting time schedule and loss of employment.
If you got your support order in a divorce, fill out a motion to change the order. Otherwise, apply to modify the order.
Enforcing a child support order
You must pay support on time to avoid sanctions from the court, including the seizure of funds from your bank account, adverse reports to credit bureaus and suspension of your licenses (e.g., drivers, professional). Egregious offenses could result in the judge issuing a warrant for your arrest.
A parent cannot stop paying child support because the other parent is withholding visitation, and a parent cannot withhold visitation because the other parent is not paying child support.
The Child Support Agency's website has more information about order enforcement.
Keeping track of payments and expenses
Remember that a child support order is legally binding and must be taken seriously.
Whether you're paying or receiving support, the Custody X Change app can help you keep track of payments. Log details of every one into your expense tracker to ensure you're sticking to the court order.
You can also track other child-related expenses and print an invoice if the other parent needs to reimburse you.
Custody X Change keeps you on top of all aspects of child custody, including payments and expenses.
Estimating parenting time could cost you thousands a year in child support. Let Custody X Change calculate your time.
Calculate My Overnights Percentage Now
Estimating parenting time could cost you thousands a year in child support. Let Custody X Change calculate your time.
Calculate My TimeHow Much Child Support Will I Pay In New Jersey?
If you’re wondering “How much child support will I pay in New Jersey?,” then this article is for you.
It will show you how to calculate child support yourself so you better understand why you pay the amount of child support you do.
Every child support case is different. Unlike alimony, however, child support is calculated pursuant to guidelines. Typically, the most important facts that go into the guidelines (or “worksheets”) are the number and age of the children, each parent’s income, the amount of annual overnights each parent spends with the children, and health care expenses.
Obviously every family is different. In some cases there are adjustments for things like government benefits received or if a child has special recurring and predictable needs. Moreover, if you mediate or negotiate your case, instead of going to court, you may agree to an amount other than what the guidelines say.
Therefore, take this article for what it’s worth – which is a simple example of what child support would be based on a specific set of facts (outlined below). This article does not constitute legal advice, and it may not accurately calculate what child support would be in your case.
I strongly encourage you to consult with an divorce lawyer to discuss your case if you want to get a better idea of what your child support will be.
Where to Find New Jersey Child Support Guidelines, Worksheets, and Laws
Each child support calculation is done on a specific worksheet, called a “child support worksheet.” Depending on how many overnights the parents have determines whether one should use a “sole parenting worksheet” or “shared parenting worksheet.” Once you have an understanding of how to use the worksheet, you can calculate child support yourself to estimate what child support in your case.
The New Jersey Judiciary website is a great place to find the New Jersey court rules about child support. Specifically, a lot of New Jersey child support laws can be found in Appendix IX of the court rules, accessible here: http://www.judiciary.state.nj.us/csguide/. Read through Appendix IX before you try to follow this article through a sample child support calculation.
How Is Child Support Calculated In NJ?
I believe the best way to understand something is to experience it. Therefore I will walk you through a step-by-step analysis of how to use a NJ child support worksheet. Understand, though, that as a law clerk I had two full days of child support training learning how to create these worksheets. I also had countless cases in court calculating child support on a case by case basis for a judge. It’s not easy.
For our sample case, we will use the New Jersey sole parenting worksheet which you can access in Appendix IX-C of the Court Rules, found here: http://www.judiciary.state.nj.us/csguide/ix-c.pdf. **It is important to know that the worksheet is intended to be used in weekly amounts. We will use a simple set of facts that I have made up.
FACTS: We will assume that the parties have two children ages 5 and 9. The custodial parent (“CP”) earns $40,000.00 per year, and the non-custodial parent (“NCP”) earns $60,000.
00 per year. They have no other income. The NCP has parenting time every other weekend, as well every other Wednesday (for a total of 76 overnights per year). We will assume that NCP pays CP $120.00 per week in alimony. We will also assume that neither party pays union dues or mandatory retirement contributions. We will assume CP pays $100.00 per month for the children’s health insurance. For tax purposes, we will assume each party’s withholding is 25% of their income.
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Pull up the worksheet from Appendix IX-C, linked above, and fill it out as you follow along.
Line 1. Line 1 identifies the party’s gross taxable income. CP makes $40,000.00 per year, or $769.00 per week (remember everything must be broken down into weekly amounts).
So in the custodial line 1, enter $769.00. NCP earns $60,000.00 per year, or $1,154.00 per week. So enter $1,154.00 under non-custodial line 1.
We said that NCP pays $120.00 per week in alimony, so enter $120.00 in line 1b for NCP. Since CP receives $120.00 per week in alimony, enter $120.00 in line 1c for CP.
Line 2. Line two shows each parent’s adjusted gross taxable income. Add the numbers in line 1 to calculate Adjusted Gross Taxable Income (AGI). CP’s AGI is $889.00 ($769.00 +$120.00) and NCP’s is $1,034.00 ($1,154.00 – $120.00).
In lines 2a through 2d, we will deduct certain expenses like income tax withholdings, prior child support orders, mandatory union dues, and other dependent deductions. For purposes of simplicity, we assumed above that each party withholds 25% of their incomes for taxes. This reduces CP’s weekly income by $222.00 ($889.00 x 0.25), and NCP’s income by $259.00 ($1,034.00 x 0.25). (You will need to review actual pay stubs and tax returns to find this information.
The 25% figure is a completely random percentage for purposes of this example.)
Line 3 through 6. Line three shows each parent’s Net Taxable Income. For purposes of our example, this is AGI minus the income tax withholding. Assuming neither party has other income or government benefits for the child, then subtract the line items from section 2a – 2c from line 2 to reach net income. In our example, CP’s net weekly income is $667.00 and NCP’s net weekly income is $775.00.
Line 7. Next we figure out each parent’s percentage share of income. In this case, the parents’ combined incomes is $667.00 + $775.00 (remember, we do everything in weekly amounts), which equals $1,442.00. Therefore, CP’s % of income is 46% ($667.00 / $1,442.00). NCP’s percentage of income is 54% ($775.00 / $1,442.00).
Line 8. In line 8, you will need to reference Appendix IX-F of the Court Rules, found here: https://www.njcourts.gov/attorneys/assets/rules/app9f.
pdf **I am unaware whether the website has the most updated figures so do not rely on this for accuracy. However, I will use that chart to show you how Appendix IX-F would work in our sample case.
In our case, we will be using the column labeled “Two Children.” Next, we follow the first column down to where the parents’ combined income is. We said above that the combined income is $1,442.00 per week. Therefore, go down column 1 until you reach the number $1,450.00. Then follow that row over to the column for two children. You will see that the child support amount is $319.00 per week. Enter that number in Line 8 of the worksheet.
Lines 10 through 12. We said above that the children’s share of health insurance is $100.00 per month, which we will round to $23.00 per week. We’ll also assume that no other changes will be made for any other expenses that would otherwise be contained in lines 9 through 12. Therefore, enter $23.00 in the appropriate box.
Line 13. Here you add the numbers contained in lines 8 through 12. In our case, the total amount comes to $342.00, which is the basic child support amount plus the cost for the health insurance premium. Enter this number in line 13.
Line 14. Line fourteen calculates how much of the total child support amount each parent should pay. To calculate this, we multiply the total child support amount (line 13) by each parent’s percentage of income. For CP, it is 46% x $342.00, which equals $157.00 per week. For NCP, it is 54% x $342.00, which equals $185.00 per week. Enter those numbers in the appropriate boxes. . I’ve skipped lines 16 through 19, because under our sample case these calculations don’t apply.
Line 20. Next go to line 20a. Under our facts, we assume that NCP has two overnights every other weekend (52 overnights), plus one Wednesday every other week (26 overnights), totaling 78 overnights per year for NCP.
This means that CP has 287 overnights. Enter those numbers in line 20a. Percentage-wise, this breaks down to 78% for CP and 22% for NCP. Those percentages go in line 20b.
Line 20 Continued. Next we need to make the adjustment for parenting time expenses. The reason for making the adjustment is complicated. It has to do with accounting for variable expenses that a parent incurs during parenting time, which is about 37% of the child support obligation. To better understand the adjustment, read about it here: https://www.njcourts.gov/attorneys/assets/rules/app9b.pdf
To calculate for the adjustment multiply the following: total basic child support amount ($319.00, found in line 8) x NCP’s percentage of overnights (0.22, found in line 20b) x 0.37. This sum is $26 ($319 x 0,22 x 0.37).
Line 21. On line 21 we are calculating NCP’s net child support obligation. In many cases, this will ultimately be the final child support obligation.
To calculate net child support, subtract the adjustments in lines 16 through 20 from NCP’s share of the child support obligation. In our example, this is $185.00 (line 14) – $26.00 (line 20), which equals $159.00. Enter this in line 21.
Line 27. For simplicity I am not making adjustments for other dependent deductions. Other dependent deductions apply in cases where a parent has a child from a different relationship. Therefore, the final child support order in this sample case is $159.00 per week. This is how much NCP would pay CP.
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NJ Child Support Calculator
I hope you found this exercise useful. To calculate child support in your own case, follow the same steps as this sample article, substituting the facts of your case to the facts of the sample case.
Again, you may have certain facts of your case that change the process or require adjustments, so do not rely on this article for accuracy or advice. Furthermore, most family law professionals have software that easily does these calculations for you, and probably more accurately. So it pays to meet with an attorney to review your case.
If you have any questions about your own child support case, please do not hesitate to schedule a free consultation with me. I’d be happy to review your case with you in person.
Sample NJ Child Support Guidelines
Sample New Jersey Child Support Worksheet
Alimony lawyer in New York. Alimony for the maintenance of a child
Today, in all states, the procedure for assigning amounts for the maintenance of a child (alimony) is established by law.
How child support is determined To avoid prejudice and to protect the equal rights of children, the federal government has established child support guidelines that are mandatory for all states.
States, in turn, have the right to make more specific recommendations to established principles. nine0003
Income
One of the main guidelines for determining child support is income. This takes into account the gross or net income of both parents, and from the percentage is calculated the amount that each parent must pay as alimony.
Deductions
If one of the parents has already been ordered by the court to pay child support and he pays it regularly, then the amount of this child support is subject to deduction when determining his income for the purposes of determining the amount of new support. However, this rule is valid only for the establishment of new alimony, it is not possible to revise the previous established amount of alimony taking into account new alimony. nine0003
Childcare expense
The government also determines the amount that parents must spend on childcare. Usually, this amount is calculated taking into account the mandatory taxes that the parent pays.
However, some states provide benefits to parents who pay child support and exempt them from taxes on their income.
Health care expense
Among other things, when determining the amount of child support, great attention is paid to the coverage of the child's health insurance. When support is approved, the amount needed to pay off health insurance is included in the main amount of support. Some states also account for emergency medical expenses as well as incidental medical expenses. nine0003
Other expenses
The amount of support can also be increased taking into account other expenses. Other expenses usually include specific expenses that are specific to each individual case. Such expenses include the cost of educating children with disabilities or gifted children. Usually such expenses are divided between the parents proportionally and are included in the amount of alimony.
Shared Custody and Visitation
The judge tries to take into account the time the child spends with either parent when setting the amount of child support.
The more a parent is allowed to spend with a child, the more child support is assigned. For example, if a child is assigned joint custody, the amount of child support will be significantly less than if the child has a single guardian for short visits. nine0003
The use of guidelines in determining the amount of alimony is not only aimed at protecting the rights and interests of children, but also calculated on the fair distribution of material responsibilities between parents. However, there are situations in which the amount of child support established is greater than or less than the amount determined by the guidelines. In this case, litigation is required to establish mitigating factors.
Our law office will provide you with quality legal assistance in all matters of family law. nine0035
Please note important information in the Family Law section
Family Law – Sharifov & Associates – Attorneys at Law
division of joint property in New York
Family law is the branch of law that deals with matters relating to the family and family relations.
Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children. , child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary. nine0003
divorce by consent in New York
Frequently Asked Questions:
1. What is the difference between a contested divorce and a non-contested divorce?
When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and for former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce.
On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more. nine0003
order of protection in new york
2. How can I get an order of protection in case family violence?
If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition.
Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years. nine0003
Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge.
For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS"). nine0003
The Domestic Violence Petition, unless both parties agree, is decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.
Occasionally, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for the duration of both relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children.
Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency. nine0003
legal guardianship
3. I can't find my spouse, can I file for divorce?
Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.
4. When am I officially divorced?
The parties to a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree.
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5. What is custody (custody) and how is the issue of children's residence after a divorce resolved?
There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives.
If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court. nine0003
Post-divorce custody means the right of a parent to have a child permanently reside with that parent in the same family and be responsible for their child as long as they live with that parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.
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6. Will I have less time to visit my child if the other parent has sole legal custody?
Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody. nine0003
7. How is child support calculated?
New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b).
This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:
17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;
It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.
8. Who pays child support?
Generally, the parent with whom the child does not live most of the time will pay child support to the other parent. nine0003
child support in New York
9. Will I be able to pay less child support than is legally allowed?
The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties.
Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.
10. What if the children spend a significant part of their time with me, or even 50% of the time? nine0007
Once again, if you are unable to negotiate a reduction in child support with the other party, it will be extremely difficult for you to persuade the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same amount of time with the children, there is case law stating that the parent with the higher income counts as the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more beneficial it is for clients to take good faith negotiations seriously as the best way to resolve a dispute. nine0003
11. Until what age should a parent support a child?
In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier.
If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.
12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree? nine0007
No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.
OK with this parent? nine0007
The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent.
(For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases. nine0003
14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?
A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts.
There are also additional factors that the court must consider when determining the amount and duration of child support. nine0003
Here are a few factors that are considered the most significant:
- the length of the marriage; the age and state of health of each spouse;
- present and future earning potential for each spouse;
- your opportunity to become financially independent;
- reduced or lost earnings opportunity due to denial or delay in education, training, employment, or career development during marriage; nine0130
- having children in your home;
This is a complex decision and will be influenced by many factors.
15. Can my spouse evict me from our home?
Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it.
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16. Can I and my children continue to live in our house after the divorce?
Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which the child is already accustomed, assuming that the child is fine in that environment, and also implying that financial circumstances allow it.
17. Am I entitled to a share in the value of the house, even if the title is not in my name?
If the house was purchased during the marriage with money earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share. nine0003
18. I bought our house before our marriage with funds I bought before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?
Usually not.
However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home. nine0003
19. Will the court force me to sell my house?
If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.
20. Credit cards: Should they be cancelled?
If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card.
If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined. nine0003
21. Do I have to withdraw money from all joint accounts to protect myself from my spouse taking or hiding the money?
The courts do not approve of either spouse withdrawing all the money from a joint account or withdrawing money without good reason. The husband should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.
22. If I have a business or share in a business, will my spouse get a share of the business? nine0007
If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will most likely be able to claim a portion of that business or a portion of your interest in the business.
If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc. nine0003
23. Can my spouse claim the estimated value of my professional license or higher education diploma?
For divorces initiated before 2016, by law, if all or part of the acquisition of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma.
Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7). nine0003
24. Which courts can hear divorce, custody and alimony cases?
The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court.
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25. What is a juvenile delinquency trial?
This is a New York State Family Court lawsuit involving a delinquent case involving a juvenile between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open. nine0003
When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days.
The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed. nine0003
If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile offender, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months.
For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court. nine0003
26. What is marriage annulment and how is it different from divorce?
A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to enter into a marriage, such a marriage can be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years. nine0003
- If one of the spouses is terminally incapable of sexual activity, the marriage may be annulled.
- Both parties must be over 18 years of age to marry without parental consent. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wishes to annul the marriage.
- If, after marriage, either partner becomes terminally ill for 5 years or more, the marriage may be annulled.
However, a healthy spouse may be required to maintain a mentally ill spouse for life. nine0130 - The parties must knowingly consent to the marriage. A marriage can be declared invalid if either party consented to the marriage as a result of violence or threats from the other party, or if either party did not understand the meaning and consequences of marriage.
- A marriage may be annulled if the consent was obtained by fraud, provided that the fraud was such as to deceive an ordinary reasonable person and was essential to obtain the consent of the other party. Fraud must be at the heart of the marriage contract. Only the injured party can annul the marriage on the grounds of lack of consent. nine0130
27. What is a declaration of invalidity of a marriage and how does it differ from annulment?
Unlike an annulment, where a marriage can be declared invalid, some marriages are invalid from the moment they are contracted. Such marriages include incest and bigamy.
