How often can child support be modified in texas
How to Arrange 2021 Child Support Modification in Texas
If you, your child, or your ex-spouse went through a major change in their life recently, you may want to look into child support modification in Texas. Why? Well, the only thing constant in life is change, as the saying goes and, unfortunately, child custody in Texas is no exception.
Surprises are never your friend where custody or child support are concerned. Furthermore, child support modification is a big umbrella under which many types of changes can take place.
Whether you’re a grandparent fighting for custody of grandchildren or you’re an individual concerned that you’re about to be subject to child support warrant searches, you need to know about child support modification in Texas.
Child support modification in Texas vs. modification of child custody
Before we get into the details of child support modification in Texas, it’s important that we make a distinction between modification of child support and modification child custody in Texas. Here are a couple of quick examples of these two different actions.
If you are petitioning for modification of child custody in Texas, you are petitioning to change the home in which your child or grandchild lives, most likely to your own home. If child support has previously been established, you will then also need to apply for a modification of child support.
However, say the person to whom you were paying child support gave up their custody of the child not to you, but to a grandparent or grandparents. You would still need to pay child support, although modifications will still need to be made.
About child support modification in Texas
Believe it or not, without a major event to herald the need for adjustments, the opportunity to modify child support can sometimes fall through the cracks. And if parties don’t get along, it may be tempting to let things stand as-is just so you can stay out of one another’s’ hair. Ultimately, however, child support modification in Texas works to the benefit of your child(ren) and your families.
What are the material & substantial circumstances that constitute the right to apply for child support modification in Texas?
Child support modification in Texas is typically predicated on what is called a “material and substantial change in circumstances.” This substantial change in circumstance can occur to any of the parties involved. You can petition to modify child support in Texas when:
The child…
- Moves to a new living arrangement
- Has special medical, psychological or educational needs
- Has a change in medical insurance and overage
The non-custodial parent…
- Loses their job
- Receives a substantial raise or pay cut
- Receives a financial windfall (such as an inheritance)
- Becomes fiscally responsible for the support of another child or children
Note: If you’re tempted to lie about your income even a little bit, know that in all likelihood you will be caught and have to pay the penalty for lying about child support. These penalties can wind up costing you way more than if you had simply paid the right amount of child support in the first place.
How often can child support be modified in Texas?
One of the most common questions we are asked regarding child support modification in Texas is, “When can you modify a child support order in Texas?” Child support in Texas can be modified either every three years or when there has been a material and substantial change in circumstances. The specifics of each condition are as follows:
- Three years has passed since the original child support order:
A three-year-old child support order in and of itself doesn’t constitute the right to change the amount of child support someone is paying. For there to be a change in amount, the statutory child support guidelines must result, once applied, must show more than 20% or $100 additional income. - Material and substantial change in circumstances:
Should any of the aforementioned material and substantial changes occur, you are within your rights to petition for child support modification in Texas. In other words, if you hit the jackpot by winning a lottery, be prepared to modify your child support.
Can you modify back child support?
No. Child support modification in Texas is not retroactive, meaning the custodial parent cannot receive back payments for income that was made before the petition for a change in child support was made.
For example, if your ex gets a raise in May, but you do not bring and win the petition for modified child support until September, your ex does not have to pay the extra amount of child support that would have been due the custodial parent from May to September.
Because child support modification is not retroactive in Texas, it’s wise to get a lawyer as soon as you are aware of a material and substantial change in circumstances has occurred.
How do I file for a modification of child support?
There are two main ways to file for a modification of child support in Texas: the easy way and the hard way.
- Easy way: Go through the Texas child support review process (CSRP).
If you and the other party can see your way to an agreement in how to change the court order, going through the CSRP will be a faster means of getting your child support modified. - Hard way: Go to court.
If three years have passed or a substantial change in circumstances has occurred but you’re unable to agree with the other party about what you’re paying/receiving in the way of child support, then your best move is to hire a lawyer and get a court hearing scheduled. Though this way is harder, the result would ultimately be for the best interest of the child.
Can child support be modified without going to court?
Yes, it is possible for support to be modified without going to court, but only under certain circumstances. If your judge provides a cost of living adjustment (COLA) order when setting child support, then your child support will automatically adjust to the current cost of living as determined by the Consumer Price Index.
Even if you have a COLA order, changes to child support that don’t pertain to cost-of-living adjustments must be handled with either the CSRP or in court.
Child support modification in Texas doesn’t have be a painEven the most agreeable of former couples can get tense when the issue of money is raised, making child support modification in Texas a potentially harrowing ordeal. To avoid being fleeced, make sure you have an aggressive Houston, Texas family law attorney at your side.
Whether you want to know how to modify child support, about what happens at a child support modification hearing, how to cancel child support in Texas, or how to implement a child support holiday schedule, Thiessen Law Firm has your back.
To schedule a consultation with Taly Thiessen, family law expert at Thiessen Law Firm, simply call 713-864-9000 or contact us online today.
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- child support
Support Modification Process | Office of the Attorney General
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If your circumstances have changed, your order may be eligible for review and modification. Here’s what to expect when you request for a modification of your child support order.
Click here to learn the steps in the modification journey
How do I request a review?
If you have an active/open child support case, you can submit an official Request for Review of your court-ordered amount.
- Click here to learn about the steps in the modification journey.
- Click here to complete an online modification request.
Only 1 modification request should be submitted, any additional requests can create a delay in processing.
- Or click here to download, complete, and mail the "Request for Review" form to the Child Support Division.
Send the completed form to:
Office of the Attorney General
Child Support Division
P.O. Box 12017
Austin, TX 78711-2017
ELIGIBILITY FOR A MODIFICATION
Your child support order is eligible for modification only if one (or more) of the following is true:
- The order was established/last modified more than three years ago; and
- The monthly amount of the child support order differs by either (a) 20% or (b) $100 from the amount that would be awarded, according to child support guidelines.
OR
- A material and substantial change in circumstances has occurred since the child support order was last set.
WHAT IS A "MATERIAL AND SUBSTANTIAL CHANGE IN CIRCUMSTANCES"?
In relation to receiving a payment modification, this phrase applies to one of these situations:
- The noncustodial parent's income has increased or decreased.
- The noncustodial parent is legally responsible for additional children.
- The child's (or children's) medical insurance coverage has changed.
OR
- The child (or children) are now living with a different parent.
HOW TO CHANGE A CHILD SUPPORT ORDER
There are only two ways a child support order can be changed:
- An in-office negotiation — known as the Child Support Review Process (CSRP)
- Court hearing
Informal agreements between parents do not change the court-ordered amount. That can be changed only by a court hearing or the CSRP.
COULD MY PAYMENT AMOUNT GO UP IF I REQUEST A MODIFICATION?
Yes. It is possible that the amount of child support you are ordered to pay could go up.
Modifications are based on the noncustodial parent's current income. If you are making more money now than you were when the child support order was established or last modified, the court may increase the amount of child support you are ordered to pay.
Visit the Child Support Calculator. Enter your current income to estimate what your child support payment might be.
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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
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 family violence?
If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years.
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.
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 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.
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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US child support. A small review of
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When preparing laws and regulations, our legislators often like to look to the west, and especially to the United States. From there, juvenile justice came to Russia, and now they are lobbying for a law on domestic violence, developed in fact in the United States.
But what about alimony in the West? At least in the USA. In order to answer this question, we turn to open sources.
So, on Wikipedia it is stated that the amount of child support depends very much on the state.
For example, in the state of Texas, according to https://www.divorcenet.com/, the duration of alimony payments is:
- five years if the duration of the marriage is less than ten years and the divorce was due to the fault of the husband due to domestic violence;
- five years if the duration of the marriage is between ten and twenty years;
- seven years if the duration of the marriage is between twenty and thirty years;
- ten years if the duration of the marriage is more than thirty years.
Some states, such as Montana, Kansas, Utah, Kentucky, and Maine, have fairly clear child support laws. In a number of states, such as Mississippi and Tennessee, alimony is paid only if the husband and wife have been married for more than 10 years, while in general, alimony is paid for no more than three years, unless special circumstances are determined by the court. Moreover, child support cannot exceed $2,500 per month, or 40 percent of the husband's income. In Kansas, alimony payments cannot exceed 121 months; in Utah, payments cannot exceed the length of the marriage. In Maine, Mississippi, and Tennessee, child support will only be awarded if the marriage has lasted at least 10 years, and the child support will be paid half the length of the marriage, i.e. 5 to 10 years, respectively.
In a number of states, including California, Nevada, New York, legislation is rather vague, courts set child support payments taking into account many factors.
Now consider interest rates.
For example, in New York, the percentage payments are as follows:
17% - for one child
25% - for two children
29% - for three children
31% - for four children
35% - for five children
In the state Arizona child support amounts are presented here. However, in general, we can conclude that with an income of about three thousand dollars a month, alimony is approximately:
- for one child - 20%;
- for two - 28%;
- for three - 33%.