This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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 With Child Support In Queens
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Multi-State
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Queens
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US-00004BG-I
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FAQ
Not all divorces qualify for alimony. Courts consider factors like the length of marriage, income disparity between spouses, and ability to be self-sufficient. Generally, the higher-earning spouse supports the lower-earning spouse to maintain their pre-divorce standard of living.
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.
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.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
If you have a 15-20-year marriage, it is 30-40% of the duration of the marriage. And more than 20 years, it is 35-50% of the duration of the marriage. One thing to keep in mind with regard to all of the calculations is that they are all subject to deviation based on different factors.
In New York, if a marriage lasts a long time and a spouse is old, ill or unable to support themselves, permanent alimony may be awarded.
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.
More info
Child support and spousal support are handled in Family Court. Child support payments do not trigger tax consequences for either spouse.The formula for cases that involve child support is somewhat different from those without child support. Both parents' incomes are used to figure out how much child support the father has to pay because both parents have to support their children. The financial uncertainty is due to the division of assets, potential alimony or child support payments, and establishing separate households. Temporary spousal maintenance is calculated using a formula, considering percentages of both spouses' income, with child support adjustments. Generally, the lower-earning parent will be treated as the "custodial parent" and the higher-earning parent will end up paying child support. Most child support payments are made through income withholding. Temporary spousal maintenance is calculated using a formula, considering percentages of both spouses' income, with child support adjustments. The Ability of the Non-custodial Parent to Pay - The court will look at income from all sources when it decides on the amount of child support.