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How to get child support in missouri


Child Support Laws in Missouri

Find out how to calculate child support in Missouri and how a support award can be modified or terminated.

Child support is a payment from one parent to the other after a separation or divorce, which is intended to help cover the costs of raising a child or children they have together.

The parent who cares for a child most of the time (called the "custodial parent") tends to receive the child support payments, because the law assumes that the custodial parent already spends money directly on the child. The parent with less parenting time (called the "non-custodial parent") usually makes the payments.

Typically, parents must pay child support until the child is 18. There are some exceptions, however. Support may continue until the age of 21 if the child is still in school. The support period could be shorter if the child marries, joins the military, or otherwise becomes self-supporting. On the other hand, a child with a mental or physical incapacity could receive support for as long as necessary.

The child support amount depends on a handful of factors, like the number of children and the income of both parents, among other things. To help you estimate your fair share of support, the Missouri courts provide a child support calculator based on the Missouri child support guidelines.

A glimpse at the guidelines by themselves can give you an idea of how much child support is due, but there are other criteria, explained below, that make for a more accurate calculation. The Child Support Section of the Missouri Courts website publishes several forms related to collecting or adjusting child support.

Missouri Child Support Guidelines

The guidelines are simply a fee schedule. Parents may agree to pay more than the amount given by the guidelines, but not less. Although a court presumes that the number given by the guidelines is the appropriate amount of child support, there are circumstances where that result would be unjust. In those cases, a court can adjust the support payment up or down.

Some common reasons for deviating from the guidelines have to do with travel costs if the distance between parents is substantial, or there are extraordinary expenses for educational or medical needs. In situations like these, a court has discretion to order an amount it finds reasonable or necessary. See Mo. Rev. Stat. § 452.340 (2019).

Missouri Child Support Calculators

Missouri's child support calculator is a form—Form No. 14 Child Support Amount Calculation Worksheet—that you fill in with information on both parents' incomes, support costs (meaning, payments already made for this child or financial obligations for the care of other children), maintenance (alimony) paid or received, percent of custody, and other expenses involved in raising the child. You can compute the amounts yourself or you can use an online calculator to help you with the math.

For child support purposes, gross income generally includes salaries, wages, tips, and commissions, but also pensions and retirement plans. Even without employment, chances are a parent still has income in the form of social security benefits or unemployment compensation. Among other things, income for child support purposes may also include alimony received from a previous marriage, veteran's benefits, and capital gains on investments. Gifts and prizes, like lottery winnings count too.

Also, a deadbeat parent can't avoid paying child support by refusing to work, or even working less. Where a parent is willfully unemployed or underemployed, a court can "impute" income, meaning, come up with an amount that this parent should be making, based on factors like employment history, education, and training. The state's intent is to hold this parent accountable, not punish the parent who stayed home with young children. For example, no income will be imputed to a parent without work history and a child in the home under six.

Additionally, you will need to input reasonable child-care costs, health insurance and medical care payments for the child, and perhaps extraordinary expenses. Extraordinary expenses could be money for private school or even things like drum or gymnastics lessons.

Once you have completed the form or on-line calculator, you will have an estimated amount of child support based on the guidelines. A court could still increase or decrease this number, however, if sticking to the guidelines leads to an unfair result.

Collecting Child Support

Once a child support order is in place, the obligor parent (parent ordered to pay support) must pay child support as designated in the order. The obligor parent can make support payments through direct deposit, by cash, check or even Venmo.

If you're not receiving child support payments on time or at all, you can request that support amounts be deducted directly from the obligor parent's paychecks. Also, you can file a Federal Income Withholding Order to initiate new wage withholding or terminate an old support order.

Deviating from Missouri Guideline

If you have a good reason why support payments should be increased or decreased from the guideline recommendation, then you can ask a court to adjust the amount before it issues a final order. A court will only deviate from the guidelines after considering all factors relevant to the child's care and wellbeing especially:

  • the child's financial resources and needs
  • the parents' financial resources and needs
  • the standard of living the child would have enjoyed had the marriage not been dissolved
  • the child's physical/emotional condition and educational needs
  • the physical and legal custody arrangements, including the amount of time the child spends with each parent and the expenses associated with the custody or visitation arrangements, and
  • the parents' work-related childcare expenses.

Once a child support order is in place, you can still ask the court to increase or decrease the payment amount, but it involves a different process.

Modifying Child Support After Final Order

A court can modify (change) a child support order that is already in place if either parent experiences a change in circumstances so substantial that continuing payments would be unreasonable. These situations tend to come up when a parent loses a job. Yet unemployment alone may not be enough to modify support, especially if a parent has remarried.

However, a parent's obligation to pay child support doesn't go away simply because he or she lost a job. The other parent can collect child support arrears (unpaid child support) on the child's behalf. A judge will review both parents' financial resources, including a new spouse or partner's contributions, when considering the reasonableness of child support payments. It will also evaluate the earning capacity of the unemployed parent (meaning how much that parent could earn based on education, skills, job history and employment opportunities), not merely lost wages.

Resources

You can find the guidelines and forms, including the Form No. 14 Calculation Worksheet, and more information for calculating support on the Missouri Courts website.

For more on applying for, paying, and enforcement of child support in Missouri, see the Missouri Social Services website.

You can read the law on child support and modification in Mo. Rev. Stat. § 452.340 (2019) and Section 452.370, respectively.

There are helpful answers to some FAQs (Frequently Asked Questions) in the Child Support in Missouri brochure, which is published by the Missouri Bar Association.

Child Support Enforcement in Missouri

Learn how child support is enforced and overdue payments are collected in Missouri.

By Amy Castillo

This article will explain how child support orders are enforced in the State of Missouri. If you have any questions about child support enforcement after you read this article, you should contact a family law attorney for advice.

Child Support in Missouri

In Missouri, child support is intended to pay for the basic care (food, shelter, clothing, education) and medical support (insurance premiums and out-of-pocket costs) of children. For purposes of this article, the parent who receives child support is known as the "receiving parent," while the parent who has to pay is called "the paying parent. "

Whether you're divorcing or you've never been married, when your relationship ends, you should get an official child support order - courts can't typically enforce informal agreements regarding child support. In Missouri, child support orders are determined according to each parent's gross income and a mathematical formula known as the child support guidelines. For a detailed discussion of how child support is calculated, see Child Support Laws in Missouri by Teresa Wall-Cyb.

Child support issues can result in stressful disputes between parents. Paying parents wonder if the money they'resending is making it to the children or being wasted on luxury items. Receiving parents nurse grudges as they leaf through the money in their billfolds and wonder if they have enough to make it through the month. Some paying parents think they can resolve these issues by simply cutting off payments. If this happens, receiving parents have several legal options available to enforce child support orders and collect overdue payments.

How is Child Support Enforced in Missouri?

The Missouri Department of Social Services is a state agency serving the citizens of Missouri with respect to children, families, health care and youth. Within the Department is a separate unit called the Family Support Division (FSD). The purpose of FSD is to enforce state and federal laws regarding child support.

FSD performs critical child support functions. It uses an administrative (non-judicial) process to:

  • establish paternity of children born to unmarried couples
  • set up child and medical support obligations
  • review existing orders and adjust them if necessary
  • collect, process, and distribute child support payments
  • work with other states to ensure that parents pay their support orders, and
  • enforce child and medical support obligations.

FSD has a variety of collection and enforcement measures available for use when paying parents aren't meeting their child support obligations (see below).

However, family court judges also have the authority to enforce child support orders. In some cases, parents might find it's in their best interest to locate a private lawyer or legal aid attorney who can ask a judge for enforcement orders. In some circumstances, this can be more effective than waiting for FSD to act.

How is Overdue Child Support Collected in Missouri?

FSD and the family courts have an array of formidable tools they can use to collect payment from parents with past-due child support accounts (known as arrearages). The tools include, but are not limited to:

  • Missouri child support orders include a withholding provision, which FSD is able to use to withhold income from many sources (like wages, salaries, bonuses, and unemployment and worker's compensation benefits) and apply it to current and past-due child support.
  • FSD can intercept the paying parent's state and federal tax returns and lottery winnings and apply them to any arrearages.
  • If a paying parent fails to provide health insurance for a child, FSD can order that parent's employer to enroll the child in a health care plan and then bill the parent for the premiums.
  • FSD can report parents with arrearages to the consumer credit bureaus, which will damage those parents' credit ratings.
  • FSD can file liens against homes, land, and other properties (like cars, boats, RVs, or even some financial accounts). The liens won't be released until the paying parent catches up on all arrearages. This means the paying parent can't sell or transfer any of these assets until child support is brought current.
  • FSD can suspend the paying parent's driver's license, recreational licenses, and professional or occupational licenses.
  • If a paying parent moves to another state, FSD will contact the other state and make sure the parent still pays the child support that was ordered in Missouri.
  • FSD can file a legal action called a "contempt," which will require the paying parent to go to court and "show cause," or explain to a judge, why support hasn't been paid on time. Contempts are very serious. They can result in jail time or entry of a judgment that will damage the paying parent's credit score.
  • FSD can refer cases for criminal prosecution.

If you're a paying parent, make it your number one financial goal to keep up with your child support obligation. You don't want to fall into arrearages and have the FSD squaring off against you. If you think you might fall behind, contact FSD, a family lawyer, or a legal aid attorney for advice about changing your payments and paying off yourarrearages. The worst thing you can do is let arrearages accumulate until FSD takes enforcement measures against you. Once that happens, it's a lot harder to repair the damage to your finances and your reputation.

On the other hand, if you're a receiving parent, it's important that you understand all the enforcement mechanisms that FSD can take against a parent who's failed to pay child support. Understanding the laws and the options will prepare you to contact FSD and ask them to take the appropriate action to ensure that your children are financially supported and have what they need to thrive.

Resources

Missouri Revised Statutes, Title XXX (Domestic Relations)

Missouri Code of State Regulations, Title 13 (Department of Social Services), Division 30 (Child Support Enforcement)

Legal Services of Missouri (child support topics and legal aid for qualifying individuals)

Missouri Department of Social Services

Talk to a Lawyer

Need a lawyer? Start here.

Is it safe to apply for child support?

Developed by an AmeriCorps Project of Western Massachusetts Legal Services; updated and revised by Jeff Wolf, Massachusetts Law Reform Institute
Retrieved October, 2009

You should think carefully before filing a child support claim if the other parent of your child is a danger to you if they have abused you or your child.

Filing a lawsuit puts you at risk because it allows the other parent to see you in court or to follow you home from the courthouse. The fact of filing a child support claim can make him angry. There is a high probability that he will threaten you or use force.

If the other parent is unhappy that you filed for child support, they can ask the court for child custody or ask for visitation rights or make life decisions about your child. The other parent always has the right to ask the court for custody or visits, but not all parents are interested in their children. Very often, such parents ask the court for custody or visits only when they need to appear in court to decide on child support . If the other parent gets a court order allowing you to visit your child, it will be very difficult for you to avoid seeing him.

If you do decide to file for child support, you must do the following to feel safe:

  • You must file a Motion to Impound with the court of your address. With this petition, you are asking the court to keep your address secret so that the other parent cannot find out your address when reading court documents.
  • If you work with the Internal Revenue Service (DOR), legal aid, or private attorneys, tell them right away about potential abuse so they can help you stay safe. Tell them that you would like to keep your address private.
  • For more information about how to keep your child safe when the other parent visits, see Visiting and How do I make visits safe?

Are there other reasons why I don't need to file for child support?

Yes, there are other reasons why you do not need to file for child support.

If you are not married to the father of your child he is not legally the father of your child

  • until the court declares that he is the father of
  • or both of you sign a voluntary acknowledgment of paternity. This document says that you both agree that he is the father.

If you have never been married to your child's father, he has no custody or visitation rights unless there is a court order of paternity or a signed voluntary acknowledgment of paternity form. If there is no court order or acknowledgment form paternity, you are the only parent eligible for guardianship . You have the right to decide whether the father can visit the child.

Your child's father can go to court at any time to prove paternity and ask the court for custody or visits, but he may never do so. However, if you bring him to court in a child support case, the court may “find out” that he is the father of the child, making it easier for him to claim custody or visitation. If he gets a court order that says he can visit his child, you may have to see him.

Example

This is a true story. Lisa was pregnant by her boyfriend Dan who was abusive towards her. Dan was sentenced to three years in jail for beating Lisa, threatening to kill her, and violating a restraining order. The baby was born at a time when Dan was already imprisoned and Dan never saw the baby. At the same time, there was never a court order that he was the father of the child. Since he was not legally the father of the child, he had no rights to visit the baby, and he did not have to pay child support. It seemed that he did not need a child, and he left Lisa alone.

Lisa applied for TAFDC benefits. She didn't know anything about "domestic violence waiver". When Dan was released from prison six months later, the Internal Revenue Service (DOR) filed a child support suit. In order to force the child's father to pay child support, the Internal Revenue Service (DOR) needed to have a court order acknowledging paternity. In the courtroom, after the judge announced that Dan was the father of the child and had to pay child support, he turned to Lisa and shouted: “Now I will demand visits from the child. I want to see my baby next Saturday."

Now it's easier for Dan to go to court and ask for visits because the court says he's the father of the baby. If he does demand visitation rights, and Lisa is concerned about the baby's safety, she can ask the court to issue a court order that allows the father to see the child in a designated place and under the supervision of a third party. But the court can allow the father to see the child without supervision. In any case, Dan will be able to contact Lisa through the child.

While Dan always has the right to go to court and claim paternity, he probably never would have done so if the Internal Revenue Service (DOR) hadn't filed a child support case. And Lisa might not have filed with the IRS if she knew about the "domestic violence waiver".

It may be worth getting a court order to pay child support. All parents must provide for their children. But if you think filing for child support is risky, you better not. Getting child support is not worth risking your health or the health of your child, or endangering yourself and your child. Ask a lawyer what other way you have. Call your local legal services office to see if you can get free legal help. You can also call the Lawyer Referral Service, where they can help you find a lawyer you can pay for.

Is it good for me to have a court order acknowledging paternity of my child?

Going to court to name the father of a child is called establishing paternity. Here are some reasons why you should:

  • If your child's father is disabled or deceased, it will be easier for you to claim Social Security benefits for your child.
  • If your child's father has died, you will be able to receive his or his family's inheritance.
  • You may have a more complete medical history for your child.

But be careful. Establishing paternity will allow your child's father to sue for custody or visitation rights.

Family Law - Sharifov & Associates - Attorneys at Law

division of joint property in New York

Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children. , child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary.

divorce by consent in New York

Frequently Asked Questions:
1. What is the difference between a contested divorce and a non-contested divorce?

When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and for former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more.

order of protection in new york

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

If something threatens your physical or emotional safety or the safety of your children, you should immediately seek legal advice or seek the Court's assistance. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years.

Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge. For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS").

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

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

legal guardianship

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

Personal delivery of 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?

Parties in 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.

Custody related to the residence of children after divorce means the right of a parent to have a child permanently reside with this parent in the same family and responsibility for their child while he lives with this parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.

6. Will I have less time to visit my child if the other parent has 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 convince 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 simply 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?

In accordance with a recent change in the law that came into force in 2016, the law provides a formula for how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after a divorce and for their duration. 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 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 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, your spouse will likely be able to claim a portion of that business or a portion of your interest in the business. If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc.

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

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

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

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

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

If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile 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 may 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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