Child Support Calculation Pursuant to Statute

Long Island's Best Divorce Lawyer said a father appealed an order of the Family Court, Queens County which calculated the combined parental adjusted gross income to be $215,818.43 for child support purposes.  The father claims that the Support Magistrate was in error of awarding child support based on the parties’ combined parental income as it was in excess of the $130,000 income cap under Family Court Act § 413(1)(f) [The current parental income cap has since been raised to $141,000].  Prior to the order, the father was voluntarily paying the mother $500 biweekly in child support.  The mother petitioned for child support and the underlying action was the result.

At the time the order was issued the statutory cap under Family Court Act § 413(1)(f) was $130,000.  However, when the combined parental income exceeds $130,000 the court is to determine “the amount of child support for the combined parental income in excess of $130,000 through consideration of the factors set forth in Family Court Act § 413(1)(f) and/or the child support percentage.”  Such factors include, among others: (1) The financial resources of the custodial and non-custodial parent, and those of the child; (2) The physical and emotional health of the child and his/her special needs and aptitudes; (3) The standard of living the child would have enjoyed had the marriage or household not been dissolved; (4) The tax consequences to the parties; (5) The non-monetary contributions that the parents will make toward the care and well-being of the child.  Generally, the test is whether “the child is receiving enough to meet his/her actual needs and the amount required…to live an appropriate lifestyle.”

A Long Island Family Law Attorney said the Appellate Division stated that the record indicated the child enjoyed a “middle-class lifestyle with extracurricular activities,” “attended private school,” as well as summer camp.  Therefore, the Appellate Division affirmed the Support Magistrates determination.

Child support payments following a divorce, unless otherwise agreed upon, are governed by statute in New York State.  The calculation of what should be paid can be complicated.  If you are contemplating divorce and child support might be contested seek out the advice of the experienced attorneys at Simonetti & Associates.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

Are you thinking about getting a divorce?  Call us today for a free consultation (877) 385-2560

Father Awarded Sole Custody of Children as a Result of Modification - See more at: http://www.simlawgroup.com/blog/father-awarded-sole-custody-of-children-as-a-result-of-modification/#sthash.9qBY5dHt.dpuf

A Long Island Child Custody Lawyer said this appeal was the result of the Family Court’s modification of a child custody arrangement. The two children of this arrangement were 17 and six years of age. The original arrangement provided for joint legal custody of the The children, with physical custody to the mother and visitation to the father. The mother and father had separated in January 2010, however in May 2011 the mother had consented to a finding of neglect of both children. Thereafter, joint physical custody of the older child was ordered (each party having custody on alternating weeks) and joint legal custody of the children continued with physical custody of the younger child remaining with the mother, with visitation to the father.

The father filed modification petitions with the Family Court seeking sole custody of the children. Following a fact-finding hearing and a Lincoln hearing with the older child, the father’s modification was granted (he was awarded custody of the children, liberal visitation to the mother). This appeal followed. The standard for a modification of a custody arrangement is that there must be a “showing of a change of circumstances reflecting a real need for change in order to insure the continued best interest[s] of the child[ren].” The Appellate Court found that the father met his burden of showing a change of circumstances. The Family Court considered and the Appellate Court agreed that it was in the best interests of the children to be in the father’s custody.

The older child, a special needs student, had struggled in school while in the mother’s custody. He was described as a “behavioral problem, being aggressive at times, that he was frequently absent and that he consistently failed to complete his schoolwork and homework.” Pursuant to a temporary order, while the older child was living with the father, he was enrolled in a different school and his teachers testified that he had excelled (earning honor roll status). The younger child was enrolled in nursery school while in the father’s custody. The mother admits to not have even considered it. A Long Island Family Lawyer states that the Appellate Division discussed the mother’s mental health issues and her failure to seek treatment despite it being a condition of a prior order. As a result, the grant of custody of the children to the father was upheld.

If you have a case similar to these facts or wish to seek a modification of your current child custody arrangement, the experienced and winners of Long Island's Best Divorce Lawyers at Simonetti & Associates can help. Set up an appointment today.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

Are you thinking about getting a divorce?  Call us today for a free consultation (877) 385-2560

Dealing with Divorce over 50

As the baby boomer generation ages, it expands its search for individuality and satisfaction into the senior years. This generational tendency, along with longer life spans, is leading to a boom in divorce over age 50 often termed gray divorce.

Earlier this year a study from Bowling Green University yielded interesting facts about divorce trends in the United State, including the following:

Between 1990 and 2010, the divorce rate for persons over age 50 doubled.
As of 2010, divorce happens to one out of four people over 50.
The divorce rate of remarriages is 2.5 percent higher than the divorce rate of first marriages.

For anyone in an unsatisfying marriage relationship, divorce should be considered an option. But for those in middle age or at retirement, the landscape of divorce is very different than for someone who is 20 or even 30.

Deciding to divorce at mid-life or older raises concerns, such as:

Divorce at an older age allows less time to rebuild retirement monies. A low-conflict, low-expense divorce preserves wealth needed by both parties to enjoy their golden years — apart.
Changes to lifestyle and monies available for retirement can be harsh on older people, leading to adjustment to a reduced quality of life and prolonging the time until retirement.
In addition to living longer, divorce decisions are fueled by the desire to pursue love, true companionship and intimacy, regardless of advanced years.

Divorce over 50 requires careful attention to your estate and personal vision of the future. If considering separation, speak to an experienced and winners of the Long Island's Best Divorce Lawyers in New York to manage becoming single — successfully.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program.  Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

Are you thinking about getting a divorce?  Call us today for a free consultation (877) 385-2560