If you or your spouse decide that the marriage has broken down and has no way of recovery, then you are eligible to apply for a divorce in New York as it is a no-fault state. However, you are also eligible to apply for a fault-based divorce if you were abused in any way by your spouse, cheated on, or you were abandoned by them.
When the decision to separate has been finalized, the next step is to figure out how your property will be distributed and whether either of you will be granted alimony. The more shared assets you have with your spouse, the more difficult and complicated it can become to try and divide them fairly.
A qualified divorce attorney can help you come up with a fair agreement with your spouse regarding both the distribution of your assets and the responsibility of any shared liabilities you have, such as debts. You will probably also need the help of an attorney to help make a fair parenting schedule if you have any shared children with the spouse you are attempting to separate from.
Factors considered for alimony
When claiming alimony or spousal support, the court will look at a variety of different factors before determining the monthly amount the spouse will be granted. The current income of both parties will be examined, and this includes any property they own. The length of the marriage and the age and health of the parties will also be considered. The judge will further look at the current and future earning capacity of the spouses.
If you claim alimony, the judge will not fail to take into account your ability to become self-supporting, and how much time that could take for you. If you had to give up your education or your career to help maintain the home and raise the children, then that will be considered as well.
Child support calculations in Queens, New York
In New York, the Income Shared Model is used to determine the amount of child support given to the main caregiver of the children. Any shared child under the age of 21 is entitled to child support of 17% of the combined parental income for one child. The percentage goes up if there is more than one child.
The child support will further be altered according to the specific needs of the children and the standard of living the child would have enjoyed had the marriage not been dissolved.
If you are getting a divorce and you require alimony or child support, you should get in touch with a divorce attorney at the Law Office of Charles Zolot as soon as possible to get help with the legal process.
Reach us at:
3706 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640