This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony With Child Support In New York
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US-00004BG-I
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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.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Spousal support may be ordered even when spouses reside together. In New York State a married person may be legally responsible to provide for the support of his or her spouse during their marriage, if that spouse lacks sufficient income or assets to provide for his or her own reasonable needs.
In a New York state divorce, child support generally continues under CSSA until you turns 21 if you are not self-supporting. The rule of thumb there is: military, married, or working full time. If you are in college, for example, child support should contribute to what your mother pays toward your educational expenses.
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.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
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.
More info
You can go to Family Court for a court order for child support from the other parent. Support, Adult Dependent (Developmentally Disabled).Usually, you ask for child support in Family Court in the county where you and the child live. In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. In New York, married people have an obligation to support one another. A spouse can file a petition in New York Family Court for the other spouse to pay spousal support even if they have not yet filed for divorce. New York utilizes a formula when calculating spousal support and child support. A calculator for determining temporary maintenance and child support payments in New York State. Defaulting on child or spousal support payments is a serious infraction. If your ex is withholding child support, you have options.