Paying For Child Support And Alimony In Queens

State:
Multi-State
County:
Queens
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The document is an Affidavit of Defendant designed for use in the context of paying for child support and alimony in Queens. It serves as a formal declaration by the defendant who seeks relief from financial obligations outlined in a divorce decree. This affidavit requires the defendant to provide their residential address, confirm their compliance with previous alimony payments, and explain circumstances that have diminished their income. Key features include a statement of past compliance, a description of current financial difficulty, and a certification of service indicating that copies were sent to relevant parties. The form should be filled out clearly, with accurate details regarding income and payment amounts, and notarized for authenticity. This affidavit is particularly useful for attorneys, paralegals, and legal assistants when representing clients facing financial hardships due to changes in income. It empowers defendants by formalizing their request for modifications to support obligations and ensures that the necessary procedures are followed in a legal context.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

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.

If the check must be payable to the custodial parent, please include the SDU as the co-payee. For example, please make the check payable to “custodial parent and/or the state SDU.” Sending payments electronically to state SDUs is another way to ensure payments arrive quickly and safely.

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.

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.

Although you do not need a lawyer to pursue a child support case, you should consider hiring one. A family lawyer specializes in family law and can help you navigate the process. In some cases, you may need to hire a private attorney.

You can get Spousal Support through Family Court. A Support Magistrate will handle your case – not a Judge. Support Magistrates only hear Child Support and Spousal Support cases. It isn't necessary for you to have a lawyer in Family Court, but you can get one if you want.

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.

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Paying For Child Support And Alimony In Queens