Child Support & Alimony/Spousal Maintenance Overview
Quality Counsel on Child and Spousal Support
The issue of payments for the support of children and spouses is one area where accurate legal advice about your rights and the rights of your spouse can help you avoid a great deal of conflict.
At Brooke & Brady, LLP, we help our clients understand child support and spousal support and seek fair outcomes, with a focus on achieving a resolution in the Supreme Court or in the more family-friendly and cost-effective atmosphere of family court.
Contact us by calling 845-454-2540 today to schedule a free initial consultation with an attorney about your family law issues.
Addressing All Aspects of Child Support
Under New York state law, the custodial parent receives child support from the noncustodial parent. Child support is determined by applying the relevant percentage to the parents’ adjusted gross income. In addition to basic child support, the law provides that parents share the child support add-ons in proportion to their income. The child support add-ons consist of health care expenses, child care expenses and educational expenses.
For child support orders which were entered after October 2010, a parent may apply for a modification of an existing child support order if three years have passed since the last order was entered, or if there is a 15 percent change in either party’s income since the last child support order.
However, it is important to note that a reduction in income must be involuntary, and the parent who is requesting a downward modification of his or her obligation must demonstrate to the court that the change in income is through no fault of his or her own and that he or she has diligently attempted to secure new employment commensurate with his or her education, ability and experience. For more information about child support calculation and its nuances, contact our office for a free confidential consultation with one of our attorneys.
We can also help you enforce child support obligations when the other parent of your child is not living up to the agreement.
Understanding Alimony Determinations
The purpose of alimony or spousal maintenance is to ensure that when one spouse has come to rely on the other for the income to maintain a particular standard of living, perhaps even giving up employment opportunities for the good of the household, that income will not suddenly be taken away.
Spousal maintenance can be granted during the divorce process or in family court and may also be granted temporarily or permanently after the divorce is final.
Each marriage is different, and there are many factors that go into determining whether one spouse will owe the other spousal maintenance and if so, how much and for how long.
Whatever aspect of child support or alimony you are concerned about, our attorneys offer a cost-effective approach to getting your issues resolved in the Dutchess County family court. For seasoned counsel, contact our law offices in Poughkeepsie, New York, at 845-454-2540. A qualified Poughkeepsie family lawyer will meet with you one on one to listen to your concerns and advise you on next steps.