In New York State the non-primary residential parent is obligated, by law, to pay child support to the residential parent. Generally, pursuant to the Child Support Standards Act, the payments are 17% for one child, 25% for two, 29% for three, 31% for four and 35% for five or more children. These payments are based on the person's gross income less FICA and less payments being made on behalf of any other children or the payment of spousal maintenance pursuant to a valid Court Order or separation agreement. There are many other criteria which are significant in determining the exact amount of support and in high income cases, the percentages may not always be utilized.
In addition to the above payments, day care, medical insurance, uninsured medical expenses and payment for education (especially post high school education) are all issues of support which are considered by the Court.
Spousal maintenance, formally referred to as alimony, is the payment by one spouse to another to enable that spouse to economically survive. Generally, the longer the marriage and the greater disparity of incomes between the parties, the higher the amount of spousal maintenance and the longer period of time it will be paid for. Unlike child support, there is no standard formula utilized by the Courts in determining the amount of payments.
Although prior to 1980, marital fault was an absolute barrier to the payment of spousal maintenance, it is no longer the case today. Therefore, notwithstanding that one spouse may obtain a fault divorce against the other, the spouse "at fault" may still receive spousal maintenance depending upon other factors in the case.
A significant element of spousal maintenance is that generally, it is tax deductible to the person paying maintenance and tax includable to the person receiving it. In high income cases, this can be a very significant aspect to be considered.
Attorney Alan L. Offen is also ready to assist clients with Family Law-related issues, such as:
Contact the Law Offices of Alan L. Offen online today or call (585) 200-3903 or (866) 869-3164 to arrange an informative consultation Mr. Offen will meet with you personally to learn about your case.
