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- What is the New York State Divorce Calculator? The New York State Divorce Calculator is a customized online tool to help couples, attorneys, and judges estimate prospective financial outcomes relating to support for kids and spousal maintenance during divorce procedures.
srislaw.com/new-york-state-divorce-calculator/New York State Divorce Calculator | Child Support Calculation
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Oct 25, 2015 · You can now calculate child support with guideline maintenance, zero maintenance, or with a different amount of maintenance agreed to by the parties. Online Calculator – See Instructions Complete using a web browser – no software required
Navigating the process of divorce can be emotionally challenging and financially complex. In New York (NY), the cost of divorce varies widely based on factors such as attorney fees, court costs, and whether the settlement is contested or uncontested.
Jul 17, 2023 · A divorce settlement agreement is a document where divorcing couples agree on the terms of their divorce. The agreement may cover several issues, including: How the couple will handle co-parenting (if they have children together) Dividing property, debt, and other finances. Spousal support.
- Divorce Laws in New York: What You Need to Know
- Property Issues
- Spousal Maintenance and Child Support
- Custody and Visitation
- Process
- Other Issues
In New York, a marriage can end through an annulment, legal separation or a divorce. New York has been a no-fault state since 2010, meaning that a couple only need cite that a marriage is irretrievably broken to end a marriage. However, a spouse can also cite one of several at-fault reasons as well, such as cruelty, adultery, or a spouse’s incarcer...
Marital Property and Division of Assets in New York
New York is an equitable division state. Unlike community property stateswhere all marital property is divided equally, in New York each spouse owns the income he or she made during a marriage. They also have the right to manage any property that is in their name alone. While this will carry some weight in a divorce, it is not the only factor that determines an equitable division of assets. A judge will take many factors into consideration when attempting to create a fair distribution of asse...
Debts
In New York, the courts consider any debt acquired during a marriage as the responsibility of both parties, even if it is only one party that was responsible for accruing the debt. It may be possible when settling assets for one spouse to take control of a larger part of a debt in exchange for other considerations. When the divorce is final, if a spouse has chosen this route, they are individually responsible for making sure payments are made to comply with the court order. However, if a spou...
Gifts
Assets that were given to one spouse during a marriage that were considered a gift are considered marital property by default, unless you can show that the gift was explicitly given to you alone and that it is not marital property. The best way to do this is to have a document created when the gift is given stating this fact and then have it notarized. The gift will need to be reflected on both the donor and the recipient’s tax return. The gift must also remain only in the name of the person...
Spousal Maintenance in New York
Laws changed in 2015 that created a presumptive formula to determine how much spousal maintenance one spouse should pay another. These amounts and time periods are presumed to be correct unless evidence can be presented to show why those variables should be changed. The court does have the discretion to order different amounts based on explanations in may be given. Temporary support is ordered to paid to an ex-spouse while a divorce case is pending and is ordered as part of proceedings in Sup...
Child Support in New York
There are several factors that impact how child support is determined in New York. Specific child support guidelines in state statutes are used to determine exact amounts, unless there are reasons to support that the amount would be unjust or inappropriate. Those reasons may include: 1. the financial resources of the child and the parents 2. the standard of living the child would have enjoyed if the marriage had not been dissolved 3. the physical and emotional health of the child and any spec...
Child Custody in New York
Most states, including New York, follow guidelines laid out in the Uniform Child Custody Jurisdiction and Enforcement Act. As part of the divorce process, a Custody Order will be issued that will dictate the responsibility for a child’s care. The order defines two types of custodyin New York: legal custody and physical custody. Legal custody means that a parent has the right to make important decisions about how the child is raised and cared for, including religious upbringing, medical care a...
Substance Abuse
New York is a no-fault state and you only need to state that a marriage is irretrievably broken to file for divorce. However, you can also file for divorce stating reasons for the divorce. Although substance abuse is not explicating one of the reasons that can be cited, if it can be proved that one spouse had a drug or alcohol problem, this fact may be able to be linked to one of the at-fault reasons, such as cruel treatment or possibly abandonment. Where substance abuse carries more weight i...
Bifurcation of marital status
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized. Bifurcation of marital status is generally not granted in New York except for compelling reasons. Part of the reason bifurc...
Disclosing Assets
In New York, each spouse must disclose to the other the amount and type of assets they have so that there can be an equitable division of those assets as part of the final divorce decree. Accurate and complete disclosures are essential to making sure there is a fair division of assets. In addition, financial disclosures are also used to gauge the financial health of each spouse and will help to determine if spousal maintenance is required and what amount of child support should be awarded. A...
Spouse’s Default
When one person files for divorce in New York, they must make sure that the other spouse is served with a Complaint for Divorce and a Summons. In response, the other spouse has 20 days to respond from the date they were served, or 30 days if they live out of state. If the spouse does not respond within that timeframe, then the spouse who filed the complaint can ask the court for a default judgment 45 days after the Complaint and Summons were served. When a spouse does not respond, they forfei...
Domestic Violence
In divorces where domestic violence is present, any divorce actions are secondary to the immediate safety of a spouse or children who may be in immediate danger. Domestic violence can include any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other. Law enforcement has strong safeguards against domestic violence and when it is present in a marriage, the first goal...
Health Insurance
When a person files for divorce in New York, an automatic order is put in place that prevents either spouse from changing insurance coverage unless they get permission from the court. After a divorce is granted, a spouse may no longer remain on the other’s health insurance plan and they must seek out their own healthcare coverage. As part of a settlement, a judge may order one spouse to pay for the other’s health insurance. You can also apply for COBRA benefits which is a law that protects pe...
Infidelity and Adultery
Infidelity and adultery takes place when a spouse has sex voluntarily with someone other than their spouse while they are still married. Prior to 2010, this was one of the reasons that could be cited for getting a divorce in New York. However, the law changed, and New York is now considered a no-fault state which means that a couple can get a divorce for no other reason than by claiming that there is an irretrievable breakdown in the marriage. An irretrievable breakdown means that the marriag...
Divorce and alimony calculator. Estimate your spousal and child support, and division of assets and debts. Keep in mind that this calculator is intended to be used only as a general tool to estimate potential splits and payments.
How To Calculate Maintenance (Alimony) in New York. Here I came up with an example where the net income of the lower-earning spouse is $50,000 and the net income of the higher-earning spouse is $100,000. Then I ran it without minor children and then with minor children.
