Alimony And Child Support In Ny In New York
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Not all divorces qualify for alimony. Courts consider factors like the length of marriage, income disparity between spouses, and ability to be self-sufficient. Generally, the higher-earning spouse supports the lower-earning spouse to maintain their pre-divorce standard of living.
For one child, you take 17% of the parents' combined income, for two children you take 25%, for three children you take 29%, for four children you take 31% and for five children you take no less than 35% of the parents' combined income and this percentage amount represents the basic child support obligation.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
In New York, if a marriage lasts a long time and a spouse is old, ill or unable to support themselves, permanent alimony may be awarded.
If you have a 15-20-year marriage, it is 30-40% of the duration of the marriage. And more than 20 years, it is 35-50% of the duration of the marriage. One thing to keep in mind with regard to all of the calculations is that they are all subject to deviation based on different factors.
In New York, child support obligations are generally the responsibility of the biological or adoptive parents of the child, not their new spouses. Therefore, you cannot pursue your ex-husband's new wife for child support.
