Child Support In New YorkSome Common Questions and AnswersBy: Sharon L. Dyer, Esq. How is Basic Child Support Calculated? Basic child support is paid by the non-custodial parent to the custodial parent based upon a percentage of combined parental income under New York’s Child Support Standards Act. In New York, a Support Magistrates or Judge calculates a presumptive amount of child support to be applied, unless there are unusual circumstances. In those cases where there are unusual [...]

Path of a Custody and Visitation case in New York Family Court Just how quickly your Family Court case moves along is dependent upon a variety of factors, most of which are out of your control. However, the purpose of this article is to give a parent, guardian, or other custodian interested in filing for custody or visitation of a child an idea of what to expect throughout the process. Filing Your Petition: There is no requirement that you be represented by an attorney to bring your custody [...]

Spousal Support (Maintenance) in New YorkBy: Sharon L. Dyer, Esq. Spousal Support in New York is called maintenance. Many years ago it was referred to as “alimony”. Today maintenance is generally determined by a formula that compares the income of the spouses, with the higher income spouse paying maintenance to the lower income spouse. There are basically two formulas in New York for maintenance. The lower formula is used when child support is also being paid by the higher income [...]

How Can the Court Find That My Income for Child Support Is More than I Actually Earn? Thinking of taking a lower paying job or leaving your job to attempt to avoid child support? Think again. The Court does not just look at your current income on your pay stub or recent W-2 statement. The Court digs deeper than that. How much child support you owe depends on a parent’s ability to provide support, rather than looking at strict income numbers. A Judge or Support Magistrate has the power to [...]

Most Popular Questions Asked of the Attorney for Child (AFC) - Custody and Visitation Matters I have been on the Attorney for Child (AFC) panel in four different counties throughout upstate New York, and regardless of the county, the questions remain the same. Hopefully this article will be a good resource to anyone who has just had an AFC assigned in their family court or divorce matter. Why does my child have an Attorney? The AFC is assigned by the Court to make sure the children have a [...]

Connect With Us