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 an 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 team of dedicated legal professionals has years of experience in handling complex cases involving families, and we stand ready to help you, too.
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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 court.
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 an 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 Counties 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, an 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 lawyer right away.
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