Spousal or child support agreements are an integral part of the divorce process and can help protect you and your family from financial burdens. The State of New York enforces all court-ordered child and spousal support agreements and any violation must be brought forth to a family law attorney, right away.
If you have questions regarding the establishment of a support agreement, or if you are looking to enforce a violation, contact a Nassau & Suffolk County divorce lawyer from Blumberg, Cherkoss, Fitz Gibbons, Blumberg today. Our legal team of dedicated legal professionals has years of experience in handling complex cases involving families, and our lawyers stand ready to help you, too.
Start exploring your legal options for your family law case. Contact our Long Island law offices today to request a consultation.
How Far Behind in Child Support Before Jail in New York?
In New York, a parent with 180 days or more outstanding payments on child support may be subject to arrest and jail time.
Regardless, there are several factors that the court will consider before ordering jail time, such as the parent's ability to pay, the impact of jail time on the child, and whether the parent has made any efforts to pay the outstanding payments.
If you are facing child support arrears, discussing your options with a family law attorney is essential. There may be ways to reduce or eliminate your outstanding payments or to avoid jail time.
What Determines Spousal or Child Support?
There are a few things that will be taken into consideration when a judge determines spousal or child support maintenance in New York. Not every one of the factors applies to every scenario—every marriage is evaluated on a case-by-case basis by the Long Island court.
How Long Do You Pay Spousal Support in NY?
The length of time on paying spousal maintenance is determined by many factors, including the length of the marriage, the parties' income, and the dependent spouse's needs. The court will also consider whether the receiving spouse has tried to become self-supporting.
The court can order maintenance to be paid for a specific period or until the receiving spouse remarries or dies. The court can also order maintenance to be paid indefinitely if the receiving spouse cannot become self-supporting.
The following are the presumptive amounts and length of time for maintenance after a divorce in New York:
- Marriages up to 15 years: 15% to 30% of the length of the marriage
- Marriages 15 to 20 years: 30% to 40% of the length of the marriage
- Marriages more than 20 years: 35% to 50% of the length of the marriage
The court can deviate from these guidelines if it finds a good reason. For example, the court may order maintenance to be paid for a shorter period if the receiving spouse has made significant efforts to become self-supporting.
Suppose you are considering filing for divorce in New York. In that case, speaking with our experienced Long Island family law attorney is crucial to discuss your options and understand how much maintenance you may be entitled to.
Factors considered when determining child support include:
- The age of the children involved
- Income of the parents and potential to obtain income in the future
- Length of the marriage
- Special disabilities or educational needs
- The age and health of the parents
- Distribution of property in the divorce
- Contributions of the spouses as either income earners or homemakers
Factors considered when determining spousal support include:
- The length of the marriage
- If children are involved and if child support has been accepted
- Contributions of the spouse during the time of the marriage
- Income and earning capacity of the spouses
While the state does provide information and guidelines on determining temporary or permanent spousal or child support, it is important that you contact a Long Island family law attorney when going through a divorce or have to handle matters involving child custody.
There are various factors that could affect the overall amount of maintenance or alimony that you receive and a divorce lawyer in Nassau & Suffolk County, NY can help you.
How Do I File a Violation of Child Support?
In some situations, a spouse that is ordered to pay support for children or alimony will fail to meet their financial obligation. In these cases, a Long Island family law attorney may be able to help. If a spouse falls in contempt of their judgment, a motion may be brought forth to obtain the monetary sum that has been violated.
Family courts will usually address these cases, however, some cases have gone past the family court and required state or federal level courts to process. If you know that your ex-spouse is in violation of a spousal support, call a divorce lawyer right away.
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