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How does child support work in washington state


Child Support in Washington | DivorceNet

Information about child support guidelines, procedures, and enforcement in Washington.

How Is Child Support Calculated in Washington?

In Washington, a court could order one or both parents to pay child support. Your Washington child support award will depend on your custody arrangement and each parent's income. Typically, the noncustodial parent (parent who spends less than 50 percent of the time with the child) pays child support. The custodial parent (parent who lives with the child) is responsible for child support too, but Washington child support laws assume that the custodial parent spends money directly on the child.

You can estimate your share of support by using the Washington child support calculator. The child support schedule is based on Washington's state child support guidelines. You can determine your child support obligation based on the parents' combined income, the number of children, and the children's ages.

In addition to the basic support shown by the schedule, however, parents must also cover additional expenses. Both parents must share childcare and other costs, like those required for the child's education or travel for visitation. Also, a court will order one or both parents to cover the child's medical care. This could mean everything from providing dental insurance to reimbursement for prescriptions.

While parents may agree to pay more than the Washington child support guideline amount, they can't pay less unless a court finds that it's in the child's best interests. In any event, a judge must approve the final child support amount. Depending on each parent's needs and the best interests of the child, a court could adjust support payments up or down.

Calculating Parents' Income for Child Support

To estimate child support using the Washington child support schedule, you'll need to know the gross and net incomes of both parents. A parent's gross income is money received from all sources. Gross income includes your salary, wages, bonuses, commissions, pension, severance, or military pay. It is also money received from dividends, interest, royalties, or a trust. Even an unemployed parent may have income for child support purposes if he or she receives social security payments, workers' compensation, unemployment, or disability benefits. Income can also come from veteran's benefits.

Parents can't shirk their responsibility to pay child support. A deadbeat parent who tries to avoid responsibility for child support by not working will be held accountable for a share of the combined income. A court has the authority to impute—or assign—income to a parent who is voluntarily unemployed or underemployed based upon that parent's work history, education, health, and age, among other factors.

There are a few benefits that you can leave out of gross income calculations, like gifts, prizes, food stamps, and alimony received from another relationship. If either parent married someone else, the new spouse's income should be excluded.

Once you have both parents' gross incomes, you make deductions to determine the net income for each. Net income is gross income minus state and federal income taxes, FICA taxes, and court-ordered maintenance (like spousal support or child support from another case) already paid. You can also deduct certain retirement and pension contributions, dues, and business expenses from a parent's gross income. For a complete list of these deductions, see the Wash. Rev. Code § 26-19-071 (2020) and the Washington Courts Schedule and Worksheets.

Using Washington's Child Support Guidelines

You can access Washington's Child Support Schedule on the state legislature's website. To calculate child support, use the combined net income of both parents (in other words, add your net income to the other parent's net income) to determine the total amount of child support due. This total amount is then divided between the parents in the same proportion as their individual contributions to the combined income.

It works like this: let's say that Parent A and Parent B have one child together and their combined income is $1,000. Based on the child support schedule, they must cover a total of $220 in child support per month. If Parent A contributes 60% of the combined income (or $600 per month), then this parent will pay 60% of the total child support, or $132 per month. Parent B, who makes 40% of the combined income (or $400), will pay only 40%, or $88 per month in child support.

$1,000 is the lowest combined income on the schedule. If the parents' combined income is lower than this amount, then a court will look at each household's resources and living expenses to come up with a fair payment. The minimum amount of support is $50 per month. The maximum is 45% of a parent's net income, unless there is some good reason – such as substantial wealth – for that percentage to increase.

Challenging a Washington Child Support Award

Occasionally, the guideline support amount is unfair to a parent or the child. Before a child support order is put in place, either parent can ask to adjust the amount of support. In that case, a court will review a long list of factors to either increase or decrease the amount of child support. These factors include:

  • income of a new spouse, domestic partner or other adult(s) in the household
  • child support from other relationships
  • gifts, prizes, and other wealth
  • extraordinary income of a child
  • nonrecurring income – like a bonus or overtime pay
  • taxes and debt
  • the difference in the parents' cost of living
  • a disabled child's special needs
  • the time the child spends with each parent, and
  • children from other relationships.

See Wash. Rev. Code § 26-19-075 (2020).

Enforcing Child Support Orders in Washington

A parent who fails to pay court-ordered child support is in violation of a court order. That means a parent who refuses to pay child support can have his or her wages garnished, tax refunds intercepted, and face other legal and financial penalties. If you're dealing with a deadbeat parent and unable to collect your court-ordered child support, contact Washington's Division of Child Support at 1-800-442-KIDS (5437) for assistance.

Modifying Child Support in Washington

Once a child support order is in place, the order is in full effect until a child turns 18 or is emancipated. Your order may even continue child support past a child's 18th birthday if the child has disabilities or special circumstances apply. Either parent can ask the court to modify or change a child support order.

If it's been less than one year since the order was issued or modified, you'll have to show a substantial change in circumstances such as a job loss, a new baby, or medical emergency, to justify a change in support. However, a paying parent's voluntary unemployment or underemployment is not by itself a substantial change in circumstances; there has to be a good reason why this parent is working less or not at all.

After the order has been in place for a year, you don't need to show a substantial change in circumstances. Instead, a court can increase or decrease the amount of support if meeting the terms of the order has created a severe economic hardship on either parent or on the child. More information about how to modify a child support order is available on the Washington Division of Child Support website.

Paying Taxes on Child Support

Paying child support does not result in a tax break and parents who receive child support on behalf of their children don't have to report it as income.

More often, the custodial parent may claim the dependent deduction or child tax credit. In some cases, parents may share the dependent deduction with one parent claiming it in odd years and the other parent claiming it during even ones.

Resources

In addition to the information above, you can learn more about related child support issues on our Washington Divorce and Family Law site. Also see the Washington State Department of Social and Health Services page for tools and tips for establishing and modifying child support orders.

How is Washington State Child Support Calculated? S.L. Pitts Family Law

Washington State uses a child support formula to determine the base monthly child support amount. The factors include the number of children, their ages, and the incomes of the parents. Depending on the variables plugged into the formula, the base child support payment will be anywhere from $200 up to $3,500 per month. When the Washington legislature put this formula together, the idea was that it would cover the basic, recurring expenses associated with raising children – primarily food, clothing, and housing. The formula is statewide, meaning that there is no adjustment made depending on where the children live.

Child Support & High Income Households

In addition, the base support formula maxes out for high-income households. Generally speaking, if you make more money, then you can expect to pay more child support. However, once the parents’ combined net income hits $12,000 a month, the child support formula stops taking into account any increase in income when determining child support. In other words, all else being equal, the parent making $150,000 and the parent making $1,500,000 in net salary will have the same basic child support amount under the state formula.

For the most part, there are few material issues that arise in using the child support formula, particularly where both parents are standard, W-2 employees. However, where either parent has income from a business, irregular income, or substantial wealth, determining income can be more difficult. For these individuals, tax returns (typically an authoritative source for determining income) can be either misleading or unhelpful. In these instances, having an experienced divorce attorney who can readily identify income sources and calculate an individual’s true income is highly valuable.

Expenses Not Included in Washington State’s Base Child Support Amount

The base child support formula amount is meant to cover housing, food, and clothing (and other de minimis expenses). However, there are three broad categories that are not covered by the base formula amount: health care costs, daycare costs, and extra-curricular activities. When crafting the base support formula, the legislature determined that these three categories varied far too widely from household to household and so could not be reduced to a straightforward, formulaic determination.

Instead, courts allocate these costs pro rata, based on each parent’s income. Where parents each make the same amount of money, they will split these out of pocket costs 50/50. Where the father makes twice as much as the mother, he will pay 2/3 of these out of pocket costs.

This is often a source of conflict as one parent will incur a cost that the other deems unreasonable, whether it be an out of network health care provider or an extra-curricular activity to which the other parent does not agree. When these child support disputes go to family court, judicial officers are generally guided by their sense of what is reasonable. If a child has an established and beneficial relationship with a therapist that is suddenly no longer in-network due to insurance changes, and if the parents both make good money, then the court will probably order both parents to pay the increased cost of therapy. However, where one parent, over the objection of the other parent, signs up a child for a ten-day NASA Summer Space Camp at Yale University (with a field trip to the UN thrown in for good measure) for $15,000, then the court will likely not require the other parent to contribute to the cost.

People who look at the above examples and recognize the likely court outcomes as reasonable will almost never need a family law attorney to go to court to argue about child support issues. People who look at the above examples and do not recognize the likely court outcomes as reasonable will almost always need an attorney to argue about these issues. You know who you are.

Courts Can Deviate from Standard Child Support Amounts

The formula and cost allocations described above can be altered if either parent has a good reason for doing so. Typically, most deviations take the form of increases and are for covering specific costs associated with children. Deviations are somewhat rare and include things like the special needs of disabled children (including medical, educational, and psychological costs). It is also possible to reduce the standard child support amount if the children spend equal time with both parents (though courts will usually only do this where the parties have similar incomes).

The key to obtaining a deviation is identifying with specificity the cost associated with the deviation. Simply stating that there are special costs, without showing what those costs are, will not be sufficient to obtain a deviation from the standard formula amount.

College Costs Can Be Included in Washington State Child Support

Washington State allows for college expenses to be included in a child support order. Where children are young, courts generally reserve the issue until the children are teenagers, at which point it is easier to determine both whether the children will likely go to college and what resources their parents have for paying the cost. In this instance, however, it is imperative to return to family court before the child turns 18 or graduates from High School – failure to do so will result in the court losing jurisdiction to award college support.

In determining whether to make an award of college support, courts look primarily at the aptitude of the child and the income of the parents. In essence, the court tries to determine whether the parents would have financially supported the child in college had they stayed married. If the court decides the answer is yes, then the court will order the parents to financially support the child in college. Somewhat curiously, this has the unintended effect of reducing social mobility and reinforcing class hierarchies – children from families that are not deemed “college material” (i.e. from blue-collar families) are not, under current law, entitled to court-ordered financial support to attend college.

Contact our Knowledgeable Washington State Child Support Lawyers Today

Child support in Washington State can be complicated, but the family law attorneys at S.L. Pitts have the experience and knowledge to help you understand what goes into the calculations. They have represented clients in both Seattle, Washington and Los Angeles, California in divorce matters for decades. Whether you are seeking to establish a child support, enforce an order, or modify an order, our divorce attorneys are here to help. We can help navigate you through this sensitive matter and reach a fair outcome for both you and your children. Contact us today to book an appointment with one of our skilled Seattle, Washington child support attorneys today.

Washington child support process

How Washington determines child support
How Washington state law determines the appropriate amount of child support paid each month by a non-custodial parent. Parental support obligations in Washington State are based primarily on the income of the parties, but also take into account many other factors such as work-related childcare costs, health insurance payments, uncovered medical expenses, long-distance travel expenses, if applicable, and other considerations. The following information will give you a general idea of ​​the problems associated with the process, but is not intended to cover every conceivable issue.

How can one parent demand child support from the other?
Parents may apply to either the County Superior Court or the Washington State Department of Human Services and Health (DSHS) to determine the child support amount for the child or children.

How is child support determined?
As stated above, when a parent petitions the Supreme Court or DSHS to determine support amounts, the determination begins by looking at the combined income of the parents, the age of the child or children, and the Washington Child Support Schedule, which is essentially a grid that gives you a figure. which, by law, is an appropriate support based on the income of the parents, the age of the children, and the number of children involved. Now from here there are many other considerations that can affect commitment.

The amount ordered to be paid to the parent will be a percentage of their income from the total income of both parents. For example, if both parents have a combined income of $6,000, with a mother's contribution of $4,000 and a father's contribution of $2,000, then their share of support would be 67% and 33%, respectively. If the basic child support obligation in this case is $862.00 per month, then the mother is expected to contribute $577.54 and the father is expected to contribute $284.46 per month for child care. However, this number can be adjusted up or down for a number of reasons.

How is child support income determined?
All income and resources of both parties (excluding the income of others) must be disclosed and taken into account in determining the underlying child support obligation. Income deductions for purposes of determining child support income, including mandatory pension and union dues, child support actually paid, national insurance, and state and federal income taxes, may be deducted from gross income, and voluntary 401(k) contributions up to $5,000 dollars a year.

If one of the parents is unemployed, the court will usually credit that person with income. This imputed amount will either be based on the minimum wage, prior work experience, and earning potential of that person, or it will be determined by state guidelines based on that person's age and what the state thinks a person of that gender and age should be earning. currently. The court can also charge income at a higher rate if it believes that the parent is voluntarily working part-time to reduce the amount of support they would otherwise have to pay.

Both parents are expected to provide financial statements, copies of pay stubs and tax returns for two years or more.

Accounting for other expenses as income
The court usually orders both parties to help pay for day care and other child expenses. The amount the parent usually pays is the same percentage they would have to pay on the basic support obligation. Thus, if the mother is expected to pay 67% of the basic maintenance obligation and the father is expected to contribute 33%, then the parties are also expected to pay their percentage of the day care costs.

Waivers in Washington State Support Cases
Deviations from the expected payment of alimony are possible. However, no deviation is required. Typical examples of when deviance can occur include: the non-custodial parent spends a significant amount of time with the child; income of other adult members of the household; alimony or spousal support actually received from other relationships; gifts or prizes received; possession of extraordinary wealth; extraordinary income of the child; emergency debt that arose unintentionally; a significant difference in the income of parents; or special needs of children; child support for other children.

Maintenance for children of senior school age
A child support order usually ends when the child turns 18 or graduates from high school, whichever is later. The Court may award post-secondary support at its discretion. In addition, unless extraordinary circumstances are demonstrated, after-school support does not extend beyond the child's 23rd birthday.

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

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.

order of protection in new york

2. How can I get an order of protection in case of family violence?

If something threatens your physical or emotional safety or the safety of your children, you should immediately seek legal advice or 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?

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.

5. What is custody (custody) and how is the issue of child custody 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.

Custody related to the residence of children after divorce means the right of a parent to have a child permanently reside with this parent in the same family and responsibility for his child while he lives with this 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 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.

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 accurately 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 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?

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.

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.

13. If my spouse has sole legal custody, or if we share joint legal custody, or if the children just live primarily with one parent, can the children's residence be changed unilaterally? 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 opportunity for each of the spouses;
  • your opportunity to become financially independent;
  • reduced or lost earnings opportunity due to denial or delay in education, training, work, 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 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 funds earned during the marriage (regardless of which spouse earned the money), 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 purchased 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 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.

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 own a business or share in a business, will my spouse get a share of the business?

If your business was created during marriage, or if you acquired an interest in a business during marriage, then your spouse will 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 case 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 his parents, if the victim himself 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 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.