How to calculate child support in texas for joint custody

How Is Child Support Calculated in Texas?

The child support rate in Texas is based on the paying parent’s net resources.

To get an idea of what child support will be in your case, our skilled Waco, Texas divorce lawyers have summarized the most important rules below.

You can also use a Texas child support calculator to determine the amount of child support.

Who Is Required to Pay Child Support?

The parent who does not have primary possession of the children must pay child support to the parent who has primary possession. Child support is an obligation that parents have to their children, so child support cannot be withheld even if the paying parent has been prevented from seeing the child.

Child support continues until your child turns 18 or graduates from high school, whichever occurs last. If you have more than one child, the child support will gradually reduce as each child turns 18 or graduates.

If a child is physically or mentally disabled in a way that prevents the child from becoming self-sufficient, the court may order a parent to pay child support indefinitely.

How Is Child Support Calculated in Texas?

To calculate your net income for child support purposes and to calculate the child support percentage, Texas law provides a number of guidelines.

Identify Sources of Income

If you have multiple sources of income, you may need to combine these to figure out your income for child support purposes.

All income you actually receive counts toward this calculation, including:

•  All salary and wage income, tips, overtime, bonuses, and commissions;
• Self-employment and business income;
• Royalty income, interest, and dividends;
•  Retirement benefits, social security, and pensions;
• Disability, unemployment, and workers compensation benefits;
• Annuities, trust income, and capital gains;
• Gifts and prizes;
• Net rental income;
• Alimony; and
• Child support paid for children from another marriage.

However, you don’t count the following items as income for child support purposes:

•  Any income or resources of a new spouse;
•  Accounts receivable;
• Return of capital or principal;
• Benefits paid from federal assistance programs; and
• Foster care payments.

If the court decides that you are intentionally unemployed or underemployed, the court can impute a higher income to you for child support purposes. This means that the court will calculate your income based on your earning potential rather than your actual earnings.

Calculate Income

Once the court adds all sources of income together, it will subtract the following items to calculate your net income:

• Federal and state income taxes;
• Social security taxes or non-discretionary retirement plan contributions;
• Union dues; and
• The amount you spend on health and dental insurance and uninsured medical expenses for the children.

Once it calculates your yearly net income, the court divides that number by 12 to get your monthly net income.

To illustrate, let’s say you earn $50,000 per year, pay 20% of that amount in taxes, and spend $3,000 per year on your children’s medical and dental insurance and expenses. Your net income for child support purposes will be $37,000 per year or $3,083 per month.

Calculate Your Support Obligation

There are two ways the court may calculate child support under the guidelines, depending on whether your net income is above a certain amount. This amount changes every six years based on inflation, but it is currently $9,200 per month.

If your income is $9,200 or less, the guidelines require you to pay a percentage of your total net income based on the number of children you have:

• 1 child = 20% of net resources
• 2 children = 25% of net resources
• 3 children = 30% of net resources
• 4 children = 35% of net resources
• 5 children = 40% of net resources
• 6+ children = at least 40% of net resources

So in our example above, someone with $3,083 per month in net income who has two children will pay $771 per month in child support.

If your income is more than $9,200, then your child support will be the greater of:

• The same percentage you would pay above, but applied to only your first $9,200 of net income or
• Up to 100% of your children’s actual needs.

For example, if you have two children and you earn $20,000 per month, you would pay at least $2,300 per month (20% of $9,200). However, if your children’s actual monthly needs are $5,000 per month, the court may instead require you to pay up to $5,000 per month.

Other Ways to Calculate Support

The guidelines are presumed to calculate a child support amount that is in the children’s best interests. However, it is possible for a court to order more or less support than provided in the guidelines.

This happens only if the court finds that the amount prescribed by the guidelines is “unjust or inappropriate under the circumstances.”

To deviate from the guidelines, the court must consider a long list of factors listed in the Texas Family Code. These factors consider whether there are unusual circumstances relating to a parent’s earning capacity, a parent’s monthly expenses, or a child’s needs.

Talk to a Divorce Attorney About Child Support in Texas

Child support is just one of the many issues you will need to resolve when you get a divorce. The knowledgeable and compassionate Waco, TX divorce attorneys at Simer & Tetens can help.

We will negotiate and advocate on your behalf to help you get the outcome you want. Call us at (254) 412-2300 or message us online to schedule a free consultation.

The Easiest Texas Child Support Calculator

How many children? i

Your time with children as % i

Your monthly pay i

Other parent's pay i

Child support = $0 monthly i

Court may increase support amount if payor's income is more than $9,200.

Not in Texas? Use your location's child support calculator.

Texas child support, medical support and dental support

In Texas, the noncustodial parent usually pays child support, medical support and dental support to the custodial parent.

The noncustodial parent is the one who does not have the right to choose the child's main residence. They can be a joint managing conservator, possessory conservator, or not a conservator at all.

You need to include child support in your parenting plan. Let the Custody X Change app help you step-by-step.

Make My Texas Plan Now

If your child has ever received benefits from Medicaid or Temporary Assistance for Needy Families (TANF), the attorney general's office will help set support for your family. The attorney general's process for assigning support is slightly different, but the formula and other details below still apply.

As long as the attorney general is not involved, parents can agree to their own arrangement for child support. If a judge considers the agreement in the child's best interest, they'll approve it. For the best chance of getting a judge to sign off, follow the state's formula or use a neutral professional to draw up your plan (e.g., a mediator).

Whenever you submit a parenting plan to the court — whether it's at the court's request, as evidence in a trial, or as part of a settlement — include the specifics of child, medical and dental support.

Texas child support formula

Child support helps the custodial conservator pay the expenses raising a child entails, such as the costs of housing, food, clothing and child care.

The state issues guidelines for how much a noncustodial parent should pay in child support. Judges nearly always rule in line with the guidelines, but they can rule as they see fit.

The guideline formula does not take into account how much time you spend with your child or whether you're a managing or possessory conservator. In Texas, child support is based only on the noncustodial parent's income and number of children.

If you're a noncustodial parent, use the calculator above to estimate how much child support you owe under state guidelines. Or follow the steps below for a precise calculation.

Step 1: Calculate your monthly net resources

Start with your yearly gross income. This is the money you receive in a year: compensation from your job, unemployment benefits, Social Security retirement or disability payments, alimony, income from investments, net income from rental properties and more.

Yearly gross income does not include your spouse's resources, payments for foster care, Temporary Assistance for Needy Families benefits or Supplemental Security Income.

Note that if you've chosen not to work or to make less money than possible, a judge may calculate your gross income as if you were earning minimum wage for 40 hours a week.

Now, divide your yearly total by 12 to get your average monthly gross income.

Once you have your monthly gross income, subtract the amount you pay each month in:

• Social Security taxes
• Federal income taxes (Use the rate for a single person.)
• State income taxes
• Union dues
• Medical and/or dental support for this child (Scroll down for more information.)

The resulting number reflects your monthly net resources.

Step 2: Determine how many of your children are eligible

A child qualifies for support until they graduate from high school or turn 18 (whichever is later). Children with disabilities may be eligible longer. Children become ineligible if they marry, join the military or are emancipated.

Count how many of your children in this case qualify for support, as well as how many of your other children qualify.

Step 3: Determine the percentage of monthly net resources you will owe

The following chart shows what percent of your monthly net resources you will owe the custodial parent in this case each month. The numbers above each column represent how many children are in this case. The numbers to the left of each row represent the number of other children you have who are eligible for child support.

If your monthly net resources are more than $9,200, only calculate the percentage from $9,200 of your income. The court will essentially ignore the rest of your earnings. However, it may order you to pay additional child support if necessary to cover your child's expenses.

If your net resources are $1,000 a month or less, your percentage will differ. Use the chart below.

Step 4: Apply the percentage to your monthly net resources

Apply the percentage you determined in Step 3 to the monthly net resources you calculated in Step 1.

For example, if your monthly net resources average $4,000, and you have only one child eligible for child support, take 20 percent of $4,000 to arrive at $800. This is the amount you will pay in child support each month, according to state guidelines.

If your monthly net resources are $1,000, and you have two eligible children in the current suit, as well as two eligible children from another relationship, take 17 percent of $1,000 to arrive at $170. This is the amount you'll pay in child support each month to the other parent in this suit, according to state guidelines.

Additional notes on the child support formula

Your monthly child support will change as each child becomes ineligible (e.g., by turning 18 and graduating high school). When this happens, you can predict the new amount you'll owe using the chart above and your updated number of eligible children. Contact your Domestic Relations Office at least 45 days before you make your final payment on a child.

The court doesn't have to make child support due on a monthly basis. A judge can order support paid on a different schedule, in a lump sum, as an annuity purchase or through a property transfer.

In addition, a court can order a parent to pay retroactive child support if the parent didn't live with or help support the child in the past.

The attorney general's office has a child support calculator to help you predict how much support the court will order in your case.

Child support for 50/50 possession

Occasionally — and increasingly — parents agree to equal parenting time in a settlement, so neither one is the custodial conservator. The parents can also agree to a child support structure, subject to a judge's approval.

When judges award this 50/50 possession of their own volition, which they do very infrequently, the question of how to calculate child support becomes more complicated. Several arrangements have been used:

• Sometimes when parents have similar incomes, judges don't order any child support. Medical and dental support are still required by law.
• A judge might order parents to pay for necessities during their possession time (food, housing, etc.) and split the child's other expenses evenly (tuition, extracurricular activities, etc.).
• A judge may calculate what each parent would pay if they were deemed custodial, then order the parent with the higher figure to pay the difference to the parent with the lower figure.

Speak to an attorney to learn how your court usually awards child support in cases with equal possession time.

Medical and dental support

The noncustodial parent pays medical and dental support in addition to child support. These payments are designed to cover the costs of a child's medical and dental insurance.

A young person eligible for child support is also eligible for medical and dental support.

Ordinarily, the parent paying child support is required to provide the child with medical and dental insurance offered by their employer.

If that's not possible, the parent receiving child support is usually ordered to get coverage through an employer. The other parent reimburses the costs (up to 9 percent of their yearly gross income for medical insurance, and up to 1.5 percent for dental insurance).

If neither parent can provide insurance, or if the child is covered by Medicaid, the court can order the parent paying child support to give a set dollar amount to the other parent each month.

Typically, each parent pays half of medical and dental costs not covered by insurance. If the parents have drastically different incomes, the judge may order an alternate breakdown.

Parents also have the option to come to their own agreement about who pays for insurance and out-of-pocket expenses, subject to the court's approval.

How to pay child, medical and dental support

When a judge orders support, they sign an Income Withholding Order for Support.

The withholding order goes to the employer of the parent ordered to pay. It tells the employer to withhold a specific amount of money from the parent's paychecks and send that money to the Texas Child Support Disbursement Unit. The unit will then forward the money to the parent owed.

In some cases, parents can agree not to have the withholding order shared with the employer. In that situation, the parent ordered to pay child support must send payments to the Child Support Disbursement Unit.

You cannot pay child, medical or dental support directly to the other parent; it needs to go through the proper channels to be documented.

Modifying Texas child, medical and dental support

You can ask the court to modify the support you're required to pay if there's been a substantial change in circumstances.

You and the other parent cannot agree to a new amount without going to court. The court has to enforce the original support order until it's legally modified or the children become ineligible.

Enforcing Texas child, medical and dental support

If the other parent doesn't pay child support as ordered, contact the Office of the Attorney General.

Failure to comply with a court order for support can have serious consequences.

Any delinquent child support greater than the monthly amount ordered accrues interest at a rate of 6 percent per year.

The parent owing money can be found in contempt of court, which can result in up to six months of jail time, a $500 fine per violation, and an order to pay the other parent's legal fees.

A judge may also take the owing parent's federal income tax refund or lottery winnings, order a lien against their property, or suspend their licenses for driving, hunting, fishing or practicing a profession.

If the owing parent doesn't show up to a hearing about delinquent child support, the court can issue a warrant for their arrest.

The court can also place a parent on community supervision for not following orders, which may involve:

• Regular visits to a community supervision officer
• Mediation
• Counseling
• Employment assistance services

Possession versus support

Courts view child, medical and dental support as separate from possession and access.

This means you can't refuse to follow your possession schedule because you haven't received a child support payment. Nor can you refuse to pay child support if the other parent won't let you see the children.

In very special circumstances, a judge may take your possession time into account when deciding how much monthly support to order.

If you can show your possession time far exceeds what is considered standard for a noncustodial parent, you may be able to convince a judge to deviate from support guidelines and order reduced payments.

If your order calls for 50/50 possession, but you aren't actually spending equal time with the child (because splitting a child's schedule perfectly in half is near impossible), knowing what percentage of time you receive can help you present a fair support proposal to the court. There are no support guidelines for cases without a custodial conservator, so an accurate parenting time total may provide a judge with direction.

The easiest way to calculate your exact possession time is to use the Custody X Change online app. Attorneys, judges and parents often rely on estimates because counting parenting time is tedious. But Custody X Change can instantly tell you precisely how much parenting time you receive in a given month, year or period of any length.

Including child, medical and dental support in your parenting plan

Texas parenting plans must include information on child, medical and dental support.

When you present your plan to the court — either as trial evidence or as part of a settlement — it's critical you use clear language to describe your support arrangements so you avoid confusion and disputes down the line. You must also be careful not to omit any necessary details.

The Custody X Change app walks you through common child support, medical support and dental support provisions so you can choose which to include in your plan.

Developed with family lawyers, the provisions can be customized with your own dollar amounts and percentages. Plus, you can write your own unique provisions.

It's a sure way to get a plan that's tailored to your family AND meets court standards for language, formatting and detail.

You need to include child support in your parenting plan. Let the Custody X Change app help you step-by-step.

Make My Texas Plan Now

You need to include child support in your parenting plan. Let the Custody X Change app help you step-by-step.

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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