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Albany Child Support Lawyers

Determining Support Obligations in Divorce

In most cases, determining child support is a simple matter of plugging numbers into a formula. The same cannot be said for alimony, where there are minefields for the unwary.

At the law firm of Maxwell & Van Ryn, LLP in the Albany suburb of Delmar, our lawyers will educate you about the rules and protect your financial interests.

New York Child Support Guidelines

We believe that every client we represent has their children's best interests at heart when it comes to paying child support. According to the Child Support Standards Act, child support in New York is based on the gross income of both parents, after Social Security and Medicare taxes have been deducted. In addition to base child support, both parents must contribute to medical and day care expenses.

As your income changes over time, so can your responsibility for child support.

How Alimony is Determined

There are two types of alimony in New York: spousal support and spousal maintenance.

The requirement to pay spousal support is usually triggered by one of the parties (usually the husband) moving out of the marital residence. In New York, the spouse remaining in the marital residence with the children (usually the mother), has the right to apply to the family court for temporary child custody, child support and spousal support. The court will typically provide this on an emergency basis, based on the mother's needs. This support will continue until a divorce action is started, which could be several years later.

Spousal maintenance is determined at the end of the marriage dissolution process. In determining whether to award spousal maintenance, the court will consider the careers of the two people involved and their respective ability to earn an income. If one party sacrificed his or her career in favor of the other's during the marriage, then an obligation arises for the payment of spousal maintenance.

Temporary Spousal Maintenance has undergone a revolutionary change under the Matrimonial Reform Act which went into effect on October 12, 2010. Now there is a specific set of formulas to calculate temporary spousal maintenance or what most people think of temporary alimony. The new statute is quite complicated, and calls for a formulaic approach to the awarding of temporary alimony or spousal maintenance. It has not been completely accepted by the courts, but has had a substantial effect upon how temporary alimony or temporary spousal maintenance is awarded. It will be at least a few years before the exact impact of this new statute is completely defined by the courts. At Maxwell & Van Ryn, LLP we are committed to staying current with all of the recent changes in this developing area of law.

Post-Judgment Modifications: After the divorce, changing financial circumstances may require modifications to child support or spousal maintenance. Talk to our experienced family law attorneys about making changes to your support orders.

Contact us for an initial attorney consultation about child support and alimony with no obligation. Our law office is located in the Albany suburb of Delmar in upstate New York. We offer free parking.