Divorce Guide

New York Divorce Support

Divorce support is an integral part of any divorce litigation. Be it spousal support or child support or division of property – it is a major concern for both the parties who are seeking legal separation. If there is any pre nuptial agreement between the couple – the matter is settled as per that agreement and both the parties must go by that agreement. If there is no such agreement and the parties can not come to a mutual settlement then the court where the divorce is plead decides on the divorce support matters. The New York divorce support issues are settled by the court as per the state statutes. The decision is taken by the court only after considering the financial and social standings of both the spouses.

NY spousal support – Spousal support is ordered by the court on the basis of the petition of either of the spouses. The court on its own can also award the support in favor of the financially weaker or unemployed spouse if required. In New York the spousal support is given as per the Consolidated Laws of New York and Domestic Relations Laws - Article 13 - Sections: 236. The court has the discretionary power to decide on the type of the support and the amount of the support after considering so many factors including the following aspects.

• Income and properties held by both the parties.
• Duration of the marriage.
• Age and health conditions of the spouses.
• Future earning prospects of the spouses.
• If either of the spouse is unemployed then the time and expenses required for the education and training and getting a suitable job.
• Number of children from the marriage and child custody.
• Tax consequences of the parties.

NY child support – Rearing the child is duty of both the parents and hence the child support is the responsibility of both the spouses. In the state of New York the child support is ordered by the court according to the Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236, 240, and 243. In New York child support is calculated by the court on the basis of the worksheet. Once the required amount for the child support is decided by the court then the amount is divided proportionately between the two parents according to their income. Then these two amounts are compared with each other to decide who will pay for the child support and how much.

NY property division in divorce – New York is an equitable distribution state and hence all the marital properties are equitably distributed between the parties. Distribution of properties is done by the court according to the Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236 and considering different aspects.

New York divorce support issues are dealt by the court in a way that ensures financial stability of both the spouses after the divorce. The settlement is made in a way so that none of the spouses suffer from financial hardship resulting from the divorce.

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