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How to get back child support in washington state


Retroactive Child Support - Family Law

Can Child Support be Retroactive?

One of the most common questions we receive when parents are divorcing is whether the court will require payment of retroactive or “back” child support. This question often arises in situations where the parents have been separated for a significant period of time prior to beginning divorce or custody proceedings, with one parent being the primary caregiver to the child. Unfortunately, most people seeking retroactive child support come away disappointed. For this reason and others, you should consult with an experienced family law attorney as soon as possible if you are considering a divorce or separation.

Retroactive Child Support is the Exception, Not the Rule 

As a general rule in the State of Washington, child support is not retroactive prior to the date of the filing of the petition asking for child support. To use the scenario above, you cannot seek child support for any period of time preceding the date you filed for child support even if you were the sole provider for the child. However, there are a few circumstances where child support can go further back.

Paternity Is an Issue

One circumstance is where the parents were not married and paternity is at issue. In a paternity action, the court will do two things: (1) determine whether a person is the child’s father, and (2) determine whether they, therefore, have an obligation to support the child. If paternity is established, the court can order the father to contribute to the birth expenses and can order them to pay five years of retroactive child support. The court would likely take into consideration any support that had been voluntarily paid previously (so make sure you can document any voluntary support paid) or any sharing of expenses while the couple lived together.

Lapse in a Prior Support Order

There can sometimes also be a retroactive modification of child support if the current child support order calls for support to be modified as of a specific date and that date has passed. While child support usually cannot be modified retroactively prior to the modification/adjustment action, it can modify the support back to the date that the prior court order stated that support should be modified. In other words, the only retroactive child support that will be required is what would have been paid had the child support been modified as originally intended. 

To avoid this problem, it is a good idea to not include mandatory modification language in support orders but rather to provide provisions as to when support can be modified. This can help avoid a situation where you could inadvertently face paying a significant amount of back child support through no fault of your own. 

Public Assistance and Retroactive Child Support

The non-custodial parent may be ordered to pay retroactive child support to the state if the custodial parent was receiving public assistance for the child during the time when the non-custodial parent had a legal obligation to support the child.  

Do Not Confuse Retroactive Child Support with Unpaid Child Support

People often think of unpaid child support as retroactive or back support since it was previously due and remains unpaid. This leads to a great deal of confusion. If you are owed child support money under an existing child support order, you can enforce the order and collect whatever unpaid child support that you are owed. 

Seek Guidance As Soon As You Are Considering Separating

At this point, you should recognize that timing is important when it comes to child support. If you do not petition the court for child support shortly after separating, you will likely be unable to recover any of your childcare expenses, even if you had sole custody of the child. Working with a lawyer will ensure that you can get a child support order in place fairly quickly so that you can get the financial assistance you need and your child can get the care that they deserve.

Contact Seattle Divorce Services for Help with Your Child Support Issues

Child support is vital to your child’s well-being, but it’s also important that the order be fair and equitable for all parties involved. The sooner you engage an attorney, the better your chances of a favorable outcome. At Seattle Divorce Services, we help clients navigate the challenges of a separation and work towards a better future for themselves and their children. To discuss your situation and how we can help, contact us today at 206-784-3049 to schedule a low cost consultation.

Helpful information about the law in Washington.

  • Should I read this?
  • What will I learn from reading this?
  • What is DCS?
  • How do I get a child support order?
  • How can DCS help collect support?
  • I do not know where the other parent is. Can I still get support?
  • The other parent does not live in Washington. Does it matter?
  • We have not officially named the child's father. Can I still get support?
  • Does DCS charge for its services?
  • Can I help DCS help me?
  • The other parent has no regular income. Can I still get child support?
  • The other parent can pay. They simply won't. What can DCS do?
  • Do I need to keep track of support payments when DCS is helping me collect support?
  • I get public assistance.  Can I still get child support?
  • Can I get back support?
  • Will DCS let me know how much support it is getting for me?
  • What if I disagree with how much DCS is giving me?
  • Can I get more support?
  • How do I ask for more support?
  • I want to get more support. I have a court order of child support. Do I have to go back to court?
  • The other parent is going to jail or prison for at least 6 months. I don't want them to get into trouble for not being able to pay child support during that time. What can I do?
  • What if collecting support could harm my child or me?
  • I am afraid for my safety. Does DCS have to tell the other parent where we are living?
  • Do I have any rights for interpretation and translation services?
  • Get Legal Help

 

  • Read this only if you live in the state of Washington.

 

Should I read this?

Yes, if you want to get child support for your children.

 

What will I learn from reading this?

You will learn

  • how you can get help collecting child support

  • how you can get some protection from the other parent if you are afraid for your safety

  • what to do if you want to get more child support

 

What is DCS?

The Division of Child Support (DCS) is the state agency that collects child support.  They collect when

 

How do I get a child support order?

DCS can set the support amount through its own system unless (or until) a court sets support. 

 

How can DCS help collect support?

Once there is a support order, DCS can collect by garnishing (taking)

  • wages (pay from a job)

  • unemployment benefits

  • Labor and Industries payments

  • some Social Security payments

  • bank accounts

DCS can also

*DCS cannot garnish SSI or welfare payments.  

 
I do not know where the other parent is. Can I still get support?

Maybe. DCS has a locator service.

 

The other parent does not live in Washington. Does it matter?

No. DCS can still help set support.

 

We have not officially named the child's father. Can I still get support?

Probably. DCS will refer the case to the prosecuting attorney's office. They will file a court case asking for a court order of parentage and support.  

 

Does DCS charge for its services?

Usually, no.  If you have never gotten TANF or tribal TANF, there can be a small yearly fee for services. 

 

Can I help DCS help me?

Yes. You should give your DCS worker whatever information can help.  If you have a support court order, give them a copy.  If you have it, you should also give the other parent's

  • Most recent address

  • Social Security number

  • Current employer and rate of pay

  • Other financial information, such as identification of bank accounts or other assets

 

The other parent has no regular income.
Can I still get child support?

Maybe! DCS can

  • Take funds from bank accounts and, sometimes, other types of property, such as boats and cars. 

  • Ask for the parent's federal tax refund. 

 

The other parent can pay. They simply won't. What can DCS do?

DCS can have the parent's driver or other type of license suspended (taken away). A judge can hold that parent in contempt and send the parent to jail. 

 

Do I need to keep track of support payments when DCS is helping me collect support?

No. The state's Washington State Support Registry does this.  Its records are the best way to know if someone has paid or owes support. 

If the other parent ever pays you directly, tell DCS so their payment records are accurate.

 

I get public assistance.  Can I still get child support?

It depends. To get Temporary Assistance for Needy Families (TANF) cash assistance, you must sign over your right to get child support to DCS.  (See below about cooperation and good cause.)  DCS gets and keeps support that would come to you if you were not getting assistance.  DSHS can keep only as much support as reimburses them for the TANF they paid you. 

If the amount of support the other parent is supposed to pay is more than the TANF you get, and DCS collects that support amount for two months in a row, your TANF will stop.  You will get support payments instead of TANF as long as DCS can collect that support amount.

 

Can I get back support?

If you have never gotten public assistance, you are entitled to everything DCS collects, current or back support.  DCS often also collects unpaid back support, called "arrears." 

If you have gotten public assistance in the past but do not get it now, the state can keep the back support that built up while you got assistance. Arrears that have built up since you last got public assistance belong to you. DCS should pay you first. Then it can keep any arrears that belong to the state.

Arrears that built up before you went on public assistance may come to you or go to the state, depending on when they built up and how DCS collects them.  Usually, arrears collected by wage withholding go to you. Arrears collected by income tax refund intercept usually go to the state. 

*Ask your DCS worker how DCS is paying out back support in your case.  Get legal advice if you believe DCS is keeping money that belong to you.

 

Will DCS let me know how much support it is getting for me?

Yes. With every support check you get, DCS should send you this information. You can also check the payment history online at secure.dshs.wa.gov/home/default.aspx.

 

What if I disagree with how much DCS is giving me?

Ask them for a Notice of Objection form to fill out and return it to the nearest DCS office.   This is how you ask for a hearing. 

You should get notice of the hearing date, time, and place within a few weeks.  Bring to the hearing any papers showing how DCS' mistake.

 

Can I get more support?

Maybe. You can petition to modify (change) the support order to a higher amount if:

  • The paying parent's finances have gotten better since entry of the child support order.

  • The support order is old.

  • The children's needs have changed.

  • There are other reasons.

Read Change Your Child Support Order. and Asking DCS to Review Your Child Support Case for Modification.

 

How do I ask for more support?

Fill out DCS' Petition for Modification form DSHS 09-280B. Find it at www.dshs.wa.gov/office-of-the-secretary/forms in English and Spanish. Send it to the DCS office or DSHS Board of Appeals.   At a hearing, an administrative law judge (ALJ) will decide if you should get more child support. 

 

I want to get more support. I have a court order of child support. Do I have to go back to court?

Yes. If you cannot get a lawyer, you can try filing the papers yourself.  Some volunteer lawyer programs have classes to teach you how to do a child support modification in court. 

You can also ask DCS to file a modification action on your behalf.  DCS must review support orders periodically and change them up or down depending on the situation.  Read Asking DCS to Review Your Child Support Case for Modification.

 

The other parent is going to jail or prison for at least 6 months. I don't want them to get into trouble for not being able to pay child support during that time. What can I do?

Starting February 1, 2021, you can ask DCS or the court to lower the child support to $10 a month.

 

What if collecting support could harm my child or me?

Normally, in return for welfare payments, you must cooperate with DCS's efforts to get child support from the other parent.   If this could place you or your child in danger, DCS may excuse you from cooperating.  This is called good cause. 

If you are concerned for your or your children's safety, tell your welfare worker you believe you have good cause not to cooperate with support enforcement efforts.  Show them any evidence of why you are afraid, such as:

  • medical records

  • protection orders

  • criminal records

  • police reports

If you do not have such records, your sworn statement might be good cause. DCS' good cause form #18-344 is here: www.dshs.wa.gov/office-of-the-secretary/forms.

If they decide you must cooperate anyway, they may threaten to lower your grant. If that happens, you can ask for a hearing. An ALJ will decide if you have good cause not to cooperate. 

They may decide you do not have to cooperate but they can try to collect support without danger of harm to you or the children. You can also appeal that decision.  You should keep getting your usual amount of assistance until the hearing decision.

 

I am afraid for my safety. Does DCS have to tell the other parent where we are living?

Maybe not. Even if you agree to cooperate with DCS, they can keep your location from the other parent if you have well-founded safety concerns. 

If the other parent asks DCS for your child's address, DCS should let you ask for a hearing to keep DCS from giving it out.  You can appear at the hearing by phone. You do not have to say where you are calling in from.

Read more about good cause at www.dshs.wa.gov/esa/division-child-support/domestic-violence-information.

 

Do I have any rights for interpretation and translation services?

Yes. Read Interpreters for People with Limited English Proficiency to learn more.

 

Get Legal Help

Visit Northwest Justice Project to find out how to get legal help. 

Biden's son asked the court to reduce child support for his daughter 09/15/2022

Biden's son asked the court to reduce alimony for his daughter

The son of the current US President Joe Biden Hunter Biden filed a petition with the court to reduce the amount of alimony for his daughter, explaining his request . .. RIA Novosti, 15.09.2022

2022-09-15T13:03

2022-09-15T13:03

2022-09-15T13:03

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WASHINGTON, September 15 - RIA Novosti. The son of current US President Joe Biden, Hunter Biden, filed a lawsuit to reduce the amount of alimony for his daughter, explaining his request as a "significant change in financial circumstances," according to the NWA Democrat-Gazette, citing a court document. It is noted that Hunter Biden with his request appealed to the court of Independence County in Arkansas, where the original paternity suit was initiated in 2020 and where his daughter and her mother Lunden Roberts currently reside. According to the publication, Biden Jr. explained his request "by a significant change in financial circumstances, including, but not limited to, your income. " However, the publication notes, the petition does not provide specific information about his income or assets. In addition, the president's son recalls that some state regulations regarding child support have changed over time, which means that the calculation of his payments does not meet the new standards. The newspaper recalls that in 2019Year Biden Jr. announced his difficult financial situation, citing the lack of work and "significant debts." According to the publication, the daughter of Hunter Biden and Roberts was born in 2018. Initially he denied paternity, but later a test result showed "with almost scientific certainty" that he was the father of the child. Later, the court ordered the son of the President of the United States to pay alimony to Roberts, while the publication does not specify the amount of the payment. Hunter Biden is known for drug and corruption scandals. In September 2020, Republican Senators Ron Johnson and Chuck Grassley released a report alleging that the son of then-U. S. presidential candidate Joe Biden Hunter and his partner received millions of dollars from foreign nationals with a dubious past. In October 2020, the New York Post published a series of emails to Hunter Biden that mentioned that he had represented his father as Vice President of the United States to his employers at the Ukrainian firm Burisma. Former US President Donald Trump claimed that Biden Jr. received millions of dollars for his lobbying work to "sell" access to his father.

https://ria.ru/20220715/baydeny-1802564718.html

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in the world, Hunter Biden, USA, Arkansas

in the world, Hunter Biden, USA, Arkansas

WASHINGTON, September 15 - RIA Novosti. Hunter Biden, son of incumbent US President Joe Biden, filed a lawsuit to reduce the amount of child support for his daughter, explaining his request as a "significant change in financial circumstances," according to the NWA Democrat-Gazette, citing a court document.

It is noted that Hunter Biden filed his request with the Independence County Court in Arkansas, where the original paternity suit was initiated in 2020 and where his daughter and her mother, Lunden Roberts, currently reside.

Biden Jr. drowns Biden Sr.

July 15, 2022, 08:00

According to the publication, Biden Jr. attributed his request to "a significant change in financial circumstances, including, but not limited to, his income." However, the publication notes, the petition does not provide specific information about his income or assets. In addition, the president's son recalls that some state regulations regarding child support have changed over time, which means that the calculation of his payments does not correspond to the new norms.

The newspaper recalls that in 2019, Biden Jr. declared his difficult financial situation, citing a lack of work and "significant debts."

Biden paid his son Hunter escorts, media reported

June 27, 2022, 19:01

According to the publication, the daughter of Hunter Biden and Roberts was born in 2018. Initially he denied paternity, but later a test result showed "with almost scientific certainty" that he was the father of the child. Later, the court ordered the son of the President of the United States to pay alimony to Roberts, while the publication does not specify the amount of the payment.

Hunter Biden is known for drug and corruption scandals. In September 2020, Republican Senators Ron Johnson and Chuck Grassley released a report alleging that the son of then-U.S. presidential candidate Joe Biden Hunter and his partner received millions of dollars from foreign nationals with a dubious past. In October 2020, the New York Post published a series of emails to Hunter Biden that mentioned that he had represented his father as Vice President of the United States to his employers at the Ukrainian firm Burisma. Former US President Donald Trump claimed that Biden Jr. received millions of dollars for his lobbying work to "sell" access to his father.

Biden's mental abilities were doubted after another embarrassment

September 13, 2022, 23:36

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 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, unless both parties agree, is decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.

Occasionally, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for the duration of both relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children. Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency.

legal guardianship

3. I can't find my spouse, can I file for divorce?

Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.

4. When am I officially considered divorced?

The parties to a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree.

5. What is custody (custody) and how is the issue of children's residence after a divorce resolved?

There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court.

Post-divorce custody means the right of a parent to have a child permanently reside with that parent in the same family and be responsible for their child as long as they live with that parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.

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

Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody.

7. How is child support calculated?

New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b). This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:

17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;

It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.

8. Who pays child support?

Generally, the parent with whom the child does not live most of the time will pay child support to the other parent.

child support in New York

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

The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties. Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.

10. What if the children spend a significant part of their time with me, or even 50% of the time?

Once again, if you are unable to negotiate a reduction in child support with the other party, it will be extremely difficult for you to persuade the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same amount of time with the children, there is case law stating that the parent with the higher income counts as the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more beneficial it is for clients to take good faith negotiations seriously as the best way to resolve a dispute.

11. Until what age should a parent support a child?

In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier. If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.

12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree?

No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.

13. If my spouse has sole legal custody, or if we share joint legal custody, or if the children just live primarily with one parent, can the children's residence be changed unilaterally? OK with this parent?

The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent. (For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases.

14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?

A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts. There are also additional factors that the court must consider when determining the amount and duration of child support.

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

  • the length of the marriage; the age and state of health of each spouse;
  • present and future income opportunities for each of the spouses;
  • your opportunity to become financially independent;
  • reduced or lost earnings opportunity due to denial or delay in education, training, employment, or career development during marriage;
  • having children in your home;

This is a complex decision and will be influenced by many factors.

15. Can my spouse evict me from our home?

Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it.

16. Can I and my children continue to live in our house after the divorce?

Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which the child is already accustomed, assuming that the child is fine in that setting, and also implying that financial circumstances allow it.

17. Am I entitled to a share in the value of the house, even if the title is not in my name?

If the house was purchased during the marriage with funds earned during the marriage (regardless of which spouse earned the money), it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share.

18. I bought our house before our marriage with funds I 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 may be able to claim a portion of the business or a portion of your interest in the business. If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc.

23. Can my spouse claim the estimated value of my professional license or higher education diploma?

For divorces initiated before 2016, by law, if all or part of the acquisition of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma. Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7).

24. Which courts can hear divorce, custody and alimony cases?

The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court.

25. What is a juvenile delinquency trial?

This is a New York State Family Court lawsuit involving a juvenile delinquency case between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open.

When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days. The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed.

If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile offender, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months. For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court.

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

A man and a woman must be legally capable of 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 unable to have sex, 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.

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