This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support With Child In Queens
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Multi-State
County:
Queens
Control #:
US-00002BG-I
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FAQ
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
Spousal maintenance is normally durational that is, it has a set duration, normally long enough for the payee spouse to become self-sufficient. However, there are cases, given age, health and inability to support themselves, that the payee may be awarded nondurational or permanent alimony.
After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.
For one child, you take 17% of the parents' combined income, for two children you take 25%, for three children you take 29%, for four children you take 31% and for five children you take no less than 35% of the parents' combined income and this percentage amount represents the basic child support obligation.
You can get Spousal Support through Family Court. A Support Magistrate will handle your case – not a Judge. Support Magistrates only hear Child Support and Spousal Support cases. It isn't necessary for you to have a lawyer in Family Court, but you can get one if you want.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Spousal support may be ordered even when spouses reside together. In New York State a married person may be legally responsible to provide for the support of his or her spouse during their marriage, if that spouse lacks sufficient income or assets to provide for his or her own reasonable needs.
In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.
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You can go to Family Court for a court order for child support from the other parent. Support, Adult Dependent (Developmentally Disabled).In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. A spouse can file a petition in New York Family Court for the other spouse to pay spousal support even if they have not yet filed for divorce. The Law Department assists local and out-of-state custodial parents in establishing an order of support from non-custodial parents. Need help with alimony? Reach out to our Queens spousal support attorney at Markfeld Law today for guidance and assistance! Spousal support is an amount of money that the court orders one spouse to pay to the other spouse for his or her reasonable needs. This relief can come in the form of child support, alimony, or other forms of payment. For an initial consultation, please call or contact us online.