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How does child support work in nyc


How Does Child Support Work in New York?

Most parents going through a separation or divorce, whether they’re in mediation, Collaborative Law or in a court-based litigation process, are aware that some form of child support payments will be warranted in their case – if they have children under 21. But the details of exactly what amount of child support to expect can get confusing.

The purpose of this series of six blog posts is to guide you through the basics of calculating child support in New York State and to leave you feeling comfortable and confident in your understanding of New York child support law. This post will cover the basic definition of child support and will set parameters for how I’ll be talking about child support in the following five blog posts. The next two blog posts will focus on understanding and calculating the basic child support obligation. The three blog posts after that will cover the “add-on” or special support categories of child care, health care and educational expenses.

Getting Started

Before we get started, I need to give the standard attorney disclaimer. Because I’m not familiar with the intricacies of each reader’s particular situation, this information is meant to be a general primer and is not tailored to your particular circumstances. It shouldn’t be taken as any kind of legal advice. Please, please, please, don’t take this as legal advice!

What I’ve seen with my own clients is that having some basic understanding of what the law says can go a long way to quelling the natural anxieties that come up in a family law case. I know that family law topics like child support can feel really overwhelming because of the close family relationships and intense emotions that are involved. If you’re facing a child support issue in your family, the more confident and comfortable you feel in your own knowledge of how child support works, the better, so let’s get started.

What is Child Support?

By “child support,” I mean payments by a parent on behalf of a child, usually until that child turns 21 (in New York – 18 in many other states). Child support payments are generally non-taxable to the recipient parent, and non-tax deductible by the payor parent.

I find it helpful to think of child support, or a child support award, as being comprised of two parts. There’s the basic child support obligation, which is intended to cover expenses like food, shelter and clothing for the child. Basic child support is usually paid from one parent to the other to help support the child in the recipient’s home. Then, there are the “add-on” categories within the child support award, which include child care, health care and educational expenses. These add-on expenses are often paid to a third party such as a doctor, babysitter or tutor. You’ll probably have a basic child support obligation, and I’ll cover that topic in more detail in my second and third posts in this series. What happens with the add-on categories is also predictable, but it will vary more in response to your family’s particular situation. I’ll talk you through what to expect in my third, fourth and fifth posts in this series.

You Can Decide The Right Child Support Award

The law allows parents to make their own decisions about how to support their children, within certain broad parameters. This means that you do not have to go to court to resolve a child support or other family law matter. You can reach an agreement outside of court. You also do not have to abide by exactly what a court might have done in your case. You can come up with your own tailored solution.

When people cannot reach an agreement about child support and look to a court to decide for them, New York State statutes and caselaw apply. In those cases, the law tells the judge how to calculate child support for the parties before them.

Many, probably most, of my clients who are separating or divorcing in a mediation or Collaborative Law process choose to fashion their own child support award. Many parents in a litigation process – over 90% of whom settle before trial – will fashion their own award, as well. The reasons for doing this could (and may one day) fill up an entirely different blog post.

Still, in order to fashion you own child support award, you have to make a knowing waiver of what you otherwise likely would have received or paid in child support had you handled your case in court. That means that you need to understand what a court-ordered or statutory amount of child support would be – or as close an estimate as can be made – before you can opt for a different amount that’s better suited to your particular situation.

Whether you’re planning on going to court or making your own, independent agreements about child support in a settlement-focused process (like mediation or Collaborative Law), you still need to understand what would likely happen in court. That’s why I’m going to talk about it in detail over the next five blog posts.

Summarizing

So, to summarize what I covered above:

  1. Child support = payments by a parent for a child’s support, in one of two primary categories: (i) the basic child support obligation or (ii) additional (“add-on”) or special areas of health, education and child care.
  2. The law allows you to make your own decisions about child support. You don’t have to go to court and have a judge make decisions for you. But, you do need to understand what would likely happen if you did go to court.

 

This is only the first on a six-part series, don’t forget to read the remaining blogs from this series:

  • Calculating The Basic Child Support Obligation In New York, Part I
  • Calculating The Basic Child Support Obligation In New York, Part II
  • Calculating “Add-On” Child Support in New York: Child Care Expenses
  • Calculating “Add-On” Child Support In New York: Health-Related Expenses
  • Calculating “Add-On” Child Support In New York: Educational Expenses

 

How can we help?

To learn more about child custody and child support or to get answers to your divorce questions, reach out to Miller Law Group for a consultation today, or call us at (914) 256-8997.

NYS DCSS | Custodial Parent Information

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You can receive your payment information by phone at 1-888-208-4485 (TTY: 1-866-875-9975), Monday–Friday, 8:00 AM–7:00 PM.

Custodial parents are often the first to need information about child support services.

The following links provide the information most often requested by custodial parents.

  • What is child support?
  • What is the Child Support Program?
  • Who can apply for child support services?
  • What services does the Child Support Program provide?
  • Is there any charge for child support services?
  • How is the amount of support decided?
  • What information is needed to open a case?
  • What if the custodial parent moves?
  • How do I contact my local child support office?

The following videos are available on YouTube:

  • What You Need to Know about Child Support Hearings and Services, 20 minutes
    Explains what you should bring with you to a child support hearing, what to expect during the hearing, and what to do after you receive a child support order
  • Acknowledgment of Parentage in New York, 11 minutes
    Explains when parentage needs to be acknowledged, what signing a voluntary Acknowledgment of Parentage form means, and who should (or should not) sign this form
  • Reconocimiento de paternidad en Nueva York, 11 minutos
    Este video informa a los padres de los beneficios de establecer la paternidad y proporciona información sobre los derechos y las consecuencias vinculadas a la firma de un AOP
  • Completing the Acknowledgment of Parentage Form, 9 minutes
    Explains how to complete and file a voluntary Acknowledgment of Parentage form
  • Completar el formulario de reconocimiento de paternidad (AOP), 9. 5 minutos

 

What is child support?

Child support is financial support provided by the noncustodial parent. Child support includes

  • Cash payments (based on the parent's income and the needs of the child)
  • Health insurance for the child (medical support)
  • Payments for child care, and
  • Payments for reasonable health care costs that are not covered by health insurance.

Family Court officials (Support Magistrates)determine the amount of child support the noncustodial parent will pay (see how much, below). Under New York State law, parents are responsible for supporting their child until the child is 21 years old.

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What is the Child Support Program?

Every state in the United States has a child support program, and many foreign countries have one also. The Child Support Program began in 1975, when Congress passed Title IV-D of the Social Security Act. Title IV-D required every state to

  • Establish and maintain statewide child support enforcement laws
  • Provide procedures to establish legal parentage and to obtain court orders for child support
  • Collect and distribute child support payments, and
  • Enforce child support orders when payments are not made.

In New York State, child support services are provided by Child Support Enforcement Units (CSEU) and Support Collection Units (SCU) in every county and in New York City.

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Who can apply for child support services?

Any parent, guardian, caretaker of a child, or child who needs support can apply for child support services.

Please note that anyone who applies for temporary or safety net assistance automatically receives child support services.

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What services does the Child Support Program provide?

The Child Support Program offers the following services:

  • Locating Non-Custodial Parents
    The Child Support Program can use federal, state, and local resources and information to help locate the noncustodial parent.
  • Establishment of Parentage
    Establishing parentage is the process of determining the legal parents of a child. Being the legal parent means that the parent has parental rights and responsibilities to the child, such as the right to seek custody or visitation and the responsibility for the child's care and support, including financial and medical support. See the Establishment of Parentage page for detailed information about becoming a legal parent.
  • Support Establishment
    The Child Support Program can help a custodial parent file a petition in Family Court for an order of support.
  • Support Collection
    A child support order directs the noncustodial parent to pay child support to the Support Collection Unit (SCU). The SCU collects, tracks, and disburses payments to the custodial parent. However, if the custodial parent is receiving temporary or safety net assistance, all but the first $200 of current child support payments is sent to the Department of Social Services as reimbursement for the assistance.
  • Support Enforcement—Administrative
    Federal and New York State laws require the local CSE unit to enforce a child support order when the noncustodial parent does not pay. Administrative procedures are actions the CSE unit can take without going to court.

    The SCU will enforce a child support order automatically through payroll deductions. The SCU can also collect unpaid support by taking State and federal income tax refunds and lottery winnings; seizing assets—including bank accounts; suspending driver's licenses; suspending or denying passports; and notifying credit reporting agencies of overdue child support payments (arrears). The SCU can also refer the case for collection to the New York State Department of Taxation and Finance.

  • Support Enforcement—Court
    When administrative enforcement is not successful, the SCU will assist in filing an enforcement petition with the family court. The court can order money judgments for the arrears; order the noncustodial parent into a work program; order that a hearing take place to suspend state-issued business, professional, or occupational licenses; or issue probation or jail sentences.
  • Medical Support Establishment and Enforcement
    Child support services also include obtaining and enforcing court-ordered health insurance for children. If an existing order does not include health insurance coverage, the Child Support Program will help file a petition with family court to get health insurance included in the support order.
  • Review and Adjustment of Child Support Amounts
    The amount that is owed for child support may be changed over time based on a cost of living adjustment.

    Every two years the Child Support Program automatically reviews each child support order to determine whether the amount to be paid should be increased due to cost of living increases. Cost of living adjustments can be made without going to court.

    For non-temporary assistance or non-safety net assistance cases, a notice is sent to both parents when a case is eligible for a cost of living adjustment, and either parent may request the adjustment. When the custodial parent or child is receiving temporary or safety net assistance, the cost of living adjustment is automatically made when the case becomes eligible—without either parent requesting the adjustment.

  • Modification of Child Support Orders
    If either the custodial or noncustodial parent's circumstances change significantly (such as loss of job, change in custody of a child, etc.), the Child Support Program can help the parent file a petition in family court to request a modification (change) to the existing child support order.

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Is there any charge for child support services?

The annual service fee is now $35 and will be applied after more than $550 of support is collected and paid to the family.

Custodial parents may be charged a service fee once a year. The fee applies only when all these conditions are met.

  1. The custodial parent has never received assistance through the Temporary Assistance for Needy Families program (TANF).
  2. Child support is being paid to the family.
  3. More than $550 of support is collected and paid to the family during the federal fiscal year (October 1–September 30).

For more information, visit the service fee questions and answers page.

Legal services are available on request. Costs for legal services will be collected from clients who are not receiving public assistance benefits.

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How is the amount of support decided?

The court uses a standard guideline to calculate what the noncustodial parent will pay, based on the noncustodial parent's adjusted gross income and on the number of children involved. The court first determines the noncustodial parent's gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the noncustodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • at least 35% for five or more children.

Then the noncustodial parent's share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.

For the combined parental income amount over $163,000, the court may consider either the standard guideline percentages and/or other factors in setting the full child support obligation.

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What information is needed to open a case?

When custodial parents call or visit their county child support agency, they should provide as much information about themselves, their child(ren), and the noncustodial parent as they can. The more information custodial parents can provide, the more quickly their child support agency can assist them.

Information about the noncustodial parent:

  • full name and date of birth
  • current or last known address and phone number
  • current or last known work address and phone number
  • Social Security number (look on old pay stubs, tax, military, or medical records)
  • income information (tax records, pay stubs, bank and business records)
  • health insurance information

Other helpful information:

  • acknowledgment of paternity/parentage or order of filiation or judgment of parentage for each child
  • marriage license
  • divorce decree or separation agreement
  • copies of child support orders
  • custodial parent's income information (tax records, pay stubs, bank records)
  • information about child-related expenses and the child's needs

Information about the child(ren):

  • birth certificate
  • Social Security number
  • health insurance coverage information
  • current or last known address (if different than custodial parent's)

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What if the custodial parent moves?

If a custodial parent moves while receiving child support services, the parent must notify their county child support office of any change in home and/or mailing address, telephone number, or personal information, such as name or Social Security number. Otherwise, support payments and other important notices may be delayed or lost.

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How do I contact my county child support office?

Get the address and telephone number of your county child support office. Most offices are open Monday through Friday, 9:00 AM to 4:00 PM.

Lawyers in New York (USA) - Bukh Global

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Bukh Global is an international law firm. We have experience in successfully resolving disputes in courts and state bodies of various countries. We work not only in European, but also in more exotic Asian and African states. Regardless of the complexity of the dispute and the chosen jurisdiction, we always help to find the most effective and beneficial option for the client to solve the existing legal problem.

Please note that we are ready to provide high-quality legal assistance in the most diverse categories of cases with a foreign element. At the same time, we do not limit ourselves to consultations and representation of clients in court, but we provide the widest possible range of services from lobbying interests to supporting transactions of any scale and level of complexity.

An important advantage is the clear specialization of the lawyers of the law office "Bukh Global" in specific areas of law. Thanks to this, we thoroughly understand the features and nuances of each case under consideration. With us, your chances of success are maximized!

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Law firm "Bukh Global" provides qualified and timely legal assistance in a wide variety of areas of international law. Thanks to the presence of a whole team of experienced lawyers, we are ready to understand even the most complex nuances of international and national legislation. Thanks to this, we provide really high-quality and effective protection of your rights and interests.

We successfully cooperate with both private clients and large corporations, governmental and non-governmental organizations, various financial institutions. We are always open to fruitful work, enthusiastically take on the resolution of non-standard disputes and take into account the wishes of customers. Learn more about the branches of international law with which we work

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Arkady Bukh: Why should you contact us?

Penalties for criminal offenses are generally the most severe. Depending on the degree of danger of the committed act, offenders can get by with fines and community service, as well as life imprisonment or even the death penalty. Therefore, it is so important to receive high-quality legal protection in the event of criminal prosecution against you or close people.

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Family litigation is an extremely delicate category of cases. Here, the lawyer becomes not just a lawyer, but even a psychologist, who often, thanks to competent argumentation, helps to save a family or dissolve a marriage on mutually beneficial terms while maintaining good human relations between former spouses. In their work, experienced lawyers of Bukh and Partners resolve disputes that have arisen amicably and exclusively within the framework of the current legal field.

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Civil disputes can definitely be called the most common category of cases heard in the courts of any country. Of course, without the help of a qualified lawyer, in most cases it is extremely presumptuous to hope for a successful consideration of the case and the adoption of an acceptable decision by the court. Therefore, in the event of civil proceedings, we recommend that you seek help from experienced lawyers of the Bukh and Partners law office as soon as possible.

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Arkady Bukh: Why should you contact us?

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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.

divorce by consent in New York

FAQ:
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.

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 legal advice or seek the Court's assistance. 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.

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").

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.

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?

Parties in 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.

5. What is custody and how is the issue of child custody after 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.

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.

6.
Will I have less time to visit my child if the other parent has exclusive 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.

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.

child support in New York

9. Will I be able to pay child support less than what is required by law?

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?

Once again, if you are unable to reach an agreement with the other party to reduce child support, 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.

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?

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?

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.

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.

Here are a few factors that are considered the most significant:

  • length of marriage; the age and state of health of each spouse;
  • present and future earning potential for each of the spouses;
  • 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;
  • 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.

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 he is already accustomed, assuming that the child is fine in this 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 funds 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.

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.

19. Will the court force me to sell the 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.

21. Do I have to withdraw money from all joint accounts to protect my spouse from 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 own a business or share in a business, will my spouse get a share of the business?

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.

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).

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.

25. What is a juvenile delinquency trial?

This is a New York State Family Court lawsuit involving a juvenile delinquency 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.

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.

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.

26. What is marriage annulment and how is it different from divorce?

A man and a woman must be legally capable of being legally married. 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.

  • 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.
  • 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 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.
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. In the case of incest, this is a marriage between ancestors and descendants, brothers and sisters (including half blood).

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