Almost every divorce client will ask whether they will be entitled to child support or spousal support. These are two separate questions and New York law deals with them separately.
New York state has guidelines that establish how much money is required for child support. Child support depends on the family income. In addition, child support is statutorily required to include mandatory “add-ons”, such as childcare and unreimbursed medical costs.
If your income is over a certain amount, child support is determined outside of the guidelines and depends on many different factors.
The factors that the court will consider when determining if a spouse is eligible for spousal support are:
- What is the family income prior to the divorce?
- Did one spouse stay home to raise the children, while the other one was employed? If so, spousal support will be ordered to help the person who stayed at home get back into the workforce.
- The length of the marriage. The duration of the marriage determines the duration of the spousal support that is ordered.
In general, spousal support is ordered on an individual basis. The court will look at individual factors and decide if a spouse is entitled to spousal support and if so, what will be the duration of that support.
How Mediation or Collaborative Divorce Assist in Child and Spousal Support Decisions
During either mediation or the collaborative process, the spouses can come up with their own plan for child support and spousal support. The couple can focus on the needs of the other party in addition to their own needs and come to an agreement that works for them both and that they both feel is equitable.
Contact Rosenthal & Markowitz, LLP for More Information
For answers to your questions about child support and spousal support, or for any question concerning your divorce or the divorce process in general, contact our family law attorneys at Rosenthal & Markowitz, LLP. You can reach us at 914.347.1292.