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Frequently Asked Divorce Questions
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What are the penalties for non-payment? |
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Family Court Act Section 454 "Powers of the Court on violation of a support order" provides that upon a finding that a respondent has failed to comply with any lawful order of support, the Court may: |
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What income can a Court consider if a parent quits a job -- or can a Court impute a dollar amount income based upon a parent's former resources? |
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Yes, the Court can impute a dollar amount income based upon the parent's former resources. In other words, the Court can compute income as if the parent was working at the same job. |
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What is gross income for purposes of calculating child support? |
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Gross income means all income from whatever source derived, including but not limited to: |
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What is the age at which child support ceases? |
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The age at which child support ceases is 21, although this differs in custody and visitation issues where the age of majority is 18. But, for purposes of the parental support duty, the age of majority remains at 21. A Court may in its discretion deviate from the basic child support obligation if the Court finds that the non-custodial parent's pro rata share of the basic child support obligation is unjust or inappropriate. Factors a Court may consider in deviating from the basic child support obligation are: |
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Basic Child Support Obligation -- What is this? |
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The "basic child support obligation" is defined in Domestic Relations Law Section 240 (1-b)(b)(1) to mean "the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except an increased pursuant to subparagraphs 4, 5, 6 and 7 of such paragraph." |
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Can a Court, in the exercise of its discretion, attribute or impute income to either parent from any resources as may be available to the parent? |
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Yes, a Court can attribute or impute income to either parent from any resources as may be available to the parent. These may include but not be limited to: |
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May a Court attribute or impute income to a parent from non-income producing assets? |
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Yes, and this is wide ranging and could include anything from a license to practice medicine, a piece of artwork, or a coin collection (passive appreciation). |
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May the child support percentages be applied to the combined parental income in excess of $80,000.00? |
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Yes. See Court of Appeals case where, "The stated basis for an exercise of discretion to apply the formula to income over $80,000 should, in sum and substance, reflect both that the Court has carefully considered the parties' circumstances and that it has found no reason why there should be a departure from the prescribed percentage." The Court determined that as there was "no extraordinary circumstances present, application of the statutory percentage to the income above the $80,000 was justified and not an abuse of discretion." |
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What are the basic child support obligation "add-ons"? |
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What are the child support percentages? |
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Once arriving at the combined parental income, the sum calculated is multiplied by the appropriate "child support percentage." The "child support percentage" is defined as: |
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What are the grounds for seeking a divorce in New York State? |
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There are several grounds under which a person may seek a divorce from his or her spouse. The following grounds are based upon the "fault" of one of the parties: |
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What is a separation agreement? |
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A separation agreement is a comprehensive contract where the parties agree to live separate and apart for the rest of their lives. The agreement must set forth rights and duties with respect to important issues such as custody, visitation, child support, distribution of property and all other matters that arise at the end of a marital relationship. Each of the parties should consult their own attorney to draft and prepare the agreement so that these complex issues can be analyzed and resolved appropriately. The final agreement is then filed with the clerk of the county where either spouse resides. At the end of one year from the date of the agreement, either spouse may initiate a suit for a "no-fault" divorce. |
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When does a court grant a judgment of separation? |
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A Court grants a judgment of separation when either of the parties brings an action for separation in the Supreme Court. A Court may grant separation based upon the following grounds, which are similar to the grounds for seeking a divorce: |
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What is the difference between marital and separate property? |
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Marital property is all property acquired during the marriage - regardless of how title is actually held. Separate property includes all property acquired before the marriage and also includes inheritance, gifts from third persons, compensation for personal injuries and property acquired after the start of an action for divorce. |
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