How long do you have to pay child support in new york

Child And/Or Spousal Support | NYCOURTS.GOV

FAQs (Frequently Asked Questions)

• Until What Age Is a Parent Obligated to Support a Child?
• Who May File a Petition for Child Support?
• Do the Parties Need to Be Represented by Lawyers?
• What Documents must Be Brought to Court?
• What Happens at the Hearing?
• What If the Parties Disagree with the Support Magistrate's Order?
• What Happens If the Respondent Does Not Pay the Order?
• Can the Order Be Changed?
• What If a Custodial Parent Is Seeking Support from a Parent Who Lives Outside of New York State, or in a County in New York State That Is Far from the Child's Home County?
• Can a Petition Be Filed Against a Husband or Wife for Spousal Support?

Until What Age Is a Parent Obligated to Support a Child?

In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.

Who May File a Petition for Child Support?

When parents live separately and one parent has custody of the child, that parent, called the "custodial parent", may file a petition in Family Court asking the court to enter an order for the "non-custodial parent" to pay child support.

A child who is not emancipated and is living away from both parents may file a petition against his or her parents asking for an order of support to be paid to the child.

When a child is receiving public assistance benefits, or is living in a foster home and receiving foster care benefits, the Department of Social Services may file a petition against the non-custodial parent or parents asking that the court enter an order for child support to be paid to the government agency while it continues to pay benefits for the child.

The party filing the petition is called the "petitioner" and the party from whom support is sought is the "respondent". The petition must be served upon (delivered to) the respondent, together with a summons indicating the date of the court hearing.

There are no filing fees in Family Court.

Do the Parties Need to Be Represented by Lawyers?

The parties may hire lawyers to represent them or may speak for themselves without a lawyer.

Where a party cannot afford to hire one, the court will assign a lawyer at no cost, only when it is alleged that there has been a violation of the order and a party is in danger of going to jail.

CourtHelp - Lawyers & Legal Help

What Documents must Be Brought to Court?

The parties must provide copies of their most recently filed tax returns, some recent pay stubs, and a completed financial disclosure statement showing their earnings and expenses. The parties should also bring to court proof of their expenses, such as rent, food, clothing, medical costs, child care, education and the cost of supporting other children.

What Happens at the Hearing?

A "Support Magistrate" conducts the hearing, taking testimony from both sides concerning their income and expenses and the cost of supporting the child. The parties can present evidence and witnesses and cross-examine each other and the witnesses. The Support Magistrate calculates how much support the non-custodial parent must pay to the parent with custody, and sets a schedule for regular payments. Payments may be paid directly to the petitioner or through the Support Collections Unit ("SCU"). SCU, which is not part of the court, will then send the money to the petitioner.

There is an informative twenty minute video which, in a step by step manner, will take you through the process of a paternity or child support proceeding in the New York State Family Court. You will learn what documents are necessary and what to expect in the court room.

"What You Need to Know About Child Support Hearings and Services" (Video)

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days of the date the order is sent to them. The objection must be filed with the court clerk's office, with a copy sent to the other party. The other party may send a reply to the court. After reviewing the case file, a judge then rules on the objection. The judge may leave the order as it is, change it, or send the case back to the Support Magistrate for further proceedings. If either party disagrees with the judge's decision, the case may be appealed to a higher court.

What Happens If the Respondent Does Not Pay the Order?

The petitioner may file a "violation petition" asking the court to take action against a respondent who fails to pay a support order. The petition must be served upon (delivered to) the respondent. A hearing is then held to decide whether the respondent has violated the court's order. The Support Magistrate may enforce the order by directing SCU to take the payments directly from the respondent's paycheck, order the respondent to pay a lump sum toward back monies owed, or take other steps to collect the money owed.

A respondent who falls behind in payments also risks having his or her driver's license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted.

If the respondent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed for up to six months, for contempt of court.

You can use the free and easy DIY Form program to make your petition to ask the Family Court to take action against a respondent who fails to pay a support order.

*DIY (Do-It-Yourself)

Can the Order Be Changed?

If there is a change in circumstances, either party has the right to file a petition to modify the order. The party seeking a change in the order must file a modification petition containing a statement explaining the change. The petition and a summons must be served upon (delivered to) the other party. The court then holds a hearing to consider changing the order.

Orders paid through the Support Collections Unit will be reviewed automatically every three years for possible "adjustment" (change), upon request of either party, and in all cases where the person with custody of the child receives public assistance for the child. The parties are notified of their right to request that SCU review the order, and, following the review, are each notified of the possible change in the order. If they disagree with the proposed new order, they may request a hearing before a Support Magistrate, and a new Support order will be established.

You can use the free and easy DIY Form program to make your petition to ask the Family Court to change your support order.

*DIY (Do-It-Yourself)

What If a Custodial Parent Is Seeking Support from a Parent Who Lives Outside of New York State, or in a County in New York State That Is Far from the Child's Home County?

If the custodial parent lives in one state and seeks support from the other parent who lives outside of that state, an inter-state case may be filed in the Family Court, under the Uniform Interstate Family Support Act (UIFSA). A UIFSA case may also be filed in Family Court when the parents reside in two different counties within New York State which are not located next to one another. A New York City petitioner may file the case in the Family Court in his or her home county, and the petition will be sent to the court in the respondent's state or county. The respondent is then served with the petition and appears in court in his or her home state or county. The petitioner is not required to appear in the other court where the respondent lives. A local city or county attorney will appear there to represent the petitioner at the support hearing.

If the child resides outside of New York State, or in a county far from New York City, and the respondent lives in New York City, the custodial parent may file a petition in his or her home state or home county. The respondent will be served and be required to appear in the Family Court in his home county, while a lawyer from the New York City Law Department represents the out-of-state or out-of-county petitioner.

The hearing is held in the same manner as a support case filed within New York City, but documents and evidence are exchanged through the mail or by fax.

Can a Petition Be Filed Against a Husband or Wife for Spousal Support?

In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. While a divorced person may not seek a new order of support from an ex-spouse in Family Court (that would be done in the state Supreme Court), a petition may be filed seeking to modify an already existing order for an ex-spouse.

The petition and summons must be served upon (delivered to) the respondent. A hearing is then held before a Support Magistrate, where the parties must present evidence of their income and expenses, and may present witnesses to testify. The Support Magistrate decides whether to order the respondent to pay spousal support for the petitioner and, if so, how much.

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.

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.

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.

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, in the absence of agreement by both parties, will be 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.

Sometimes, 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 both of the 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 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.

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 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.

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 spouse;
• your opportunity to become financially independent;
• reduced or lost earning 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 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), 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 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 your marriage, or you acquired an interest in a business during your 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 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 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 delinquent, 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.

• If one of the spouses is terminally incapable of sexual activity, the marriage can 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 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.

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). In the case of bigamy, one of the parties is already married to another person.

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