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White Plains New York Family Law Blog

Calculate estimated child support with New York's calculator

If you or your spouse will need to pay child support, it's normal to use New York's child Support calculator. This support calculator determines the expected amount of support to be paid based on the noncustodial parent's gross annual income before deductions. The calculator also allows you to input how many children are being supported.

How much support you'll pay is based on these factors and others. Here's what you might end up paying based on your income.

Considering divorce? You have 2 options

There are two kinds of divorces, fault and no-fault. Each one is a little different, but the results are the same in the end. You can get a divorce in New York whether you have a fault to claim or not.

To decide which way to start the divorce, you need to look at what happened in your marriage. For an at-fault divorce, you have to show that there was a fault. You might, for example, show that the other person committed adultery. This would be a good fault to use. Another might be abandonment or cruelty.

Prove good moral character by paying child support on time

Getting the right amount of child support for your situation is important. It can be difficult to come up with an amount that's right, which is why many people turn to the courts for help.

In law, there are guidelines for child support that help the judge determine how much a noncustodial parent should pay. It's not always an amount that seems fair, though, which is why so many people struggle with paying or obtaining support.

Can I tell my ex how to spend child support?

You work hard to make child support payments. So, when you see that your ex has purchased something expensive, you may feel like you and your children are being cheated out of those funds.

But, what can you do if you believe your ex is misusing your payments? Do you have the right to tell them how to spend that money?

New York: Residency requirements in a no-fault divorce

If your marriage is no longer working to the benefit of you or your spouse, you may wish to turn to a divorce. In New York, couples typically opt for a no-fault divorce. This means that neither you nor your spouse has to be blamed for the ending of the marriage. Instead, you can simply say that the marriage has broken down and is impossible to repair.

New York did not become a no-fault state until 2010. Before then, a couple would have to allege a cause for the marital breakdown in order to get a divorce. That would have meant alleging (and sometimes proving) adultery or one of the other acceptable causes, or "grounds," for divorce that are approved by the state.

Understand the ways you can seek a divorce in New York

Divorces are generally created as "no-fault" divorces in today's world. These divorces can take place whether there has been a fault or not. That means that you can seek a divorce for nearly any reason, with the most common being a marriage that is irretrievably broken.

The breakdown of a marriage is not easy for anyone to deal with, even when it's in the best interests of those involved. The divorce process, even when agreed upon, can take months or years to complete. In New York, the irretrievable breakdown of a marriage has to continue for at least six months prior to filing for divorce.

Cardiologist allegedly flees country to avoid child support

Child custody and support are both things that could become complicated during your divorce. You or your spouse may need to pay support even if you share time with your children evenly.

People sometimes go to extremes to avoid paying support, as in this case reported on Oct. 8. A cardiologist has been named "Most Wanted Deadbeat" by a federal agency after he allegedly fled the country to Israel to avoid paying $2,500 a month in child support. He has not paid since 1994, according to the story.

Age-appropriate visitation should be a goal for all parents

As your child ages, you may be aware that your custody schedule may need to change. When children are young, they have much different needs than when they grow older. They become more independent as they age, making it possible to adjust your custody arrangements to better suit your growing child.

After a divorce, it's important to set up age-appropriate visitation schedules. This means that a baby may need to be with the mother more often for nursing and care, while a toddler may be able to split time with both parents evenly. Teens may have their own opinions on what they want to do, and with newfound independence, be less likely to see either parent the majority of the time.

Can an inheritance be used for child support?

An inheritance isn’t a part of a parent’s income. But, should these funds go towards child support?

New York law has several policies in place that determine how an inheritance, lottery winnings and personal property should be handled if the parent has child support obligations.

Fortnite blamed for gaming disorders, divorces and illness

If you have problems in your marriage as a result of feeling left out or neglected, then video games could be at the center of your divorce. If that's the case, then a recent article discussing gaming addiction could be interesting to you.

This is a captivating story about how a game could become a problem that breaks down a marriage. A game called Fortnite has been blamed for divorces, addiction and other mental health issues. In fact, you're not alone if it has been a problem in your marriage.