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Posts tagged "Divorce"

Can there be an objection to COLA with New York child support?

For New York couples who are getting or have gotten a divorce and are dealing with child and spousal support issues, the concept of a cost of living adjustment is relatively straightforward. The amount that the paying former spouse and parent is ordered to pay can be changed based on how much it costs to live. However, people might make the mistake of thinking that there is no recourse when there is a request for a COLA. The law does allow for an objection to a COLA. For parents who are objecting and the parent who is seeking to receive COLA, it is imperative to understand the law in these circumstances.

Child support and the maximum that can be withheld in New York

When there is a divorce in New York and there are children that need to be supported, the state will take steps to ensure that the child support is paid on time and in full. In some cases, there will be income withholding by the employer so it can be sent directly to the custodial parent. However, some noncustodial parents are concerned about how much of their income will be withheld. They might have other obligations or the amount could be problematic for them to make ends meet. Understanding how much maximum withholding can be is important. If there are divorce legal issues, it is crucial to have legal help in addressing them.

Critical factors regarding child support in a New York divorce

When a New York couple divorces, one of the key issues is often child support. Once the decision is made as to how much the supporting parent will pay and the custodial parent will receive, there might be certain preconceived notions about the entire process. There could be misunderstandings as to whether there can be post-divorce modifications, how spousal support and child support are connected, and how the new tax laws impact the paying and receiving party. For answers to these questions and to address them as needed, having legal advice is helpful.

What is a tax refund offset with child support?

As tax time rapidly approaches, many will anxiously await an expected tax refund. If, however, they owe past-due child support, there is the possibility that there will be a tax refund offset that will collect what is owed from their refund. For noncustodial parents who are facing this reality, it is important to understand what the tax refund offset program is. If there is a dispute over child support or any other issue related to a divorce, having legal advice is key.

Can I receive a cost of living adjustment with child support?

In New York, when there is a divorce and a couple has ended its marriage, children from the marriage will still need to be supported. In general, there will be one parent who has custody and the other parent will receive visitation rights. Also, the noncustodial parent will frequently be ordered to pay child support to the custodial parent. The amount, however, is not set in stone and it can be changed for various reasons.

When getting a divorce, be prepared for a property dispute

Property division is a basic part of most New York divorces. Whether the couple has significant assets or is of lesser means, there will be items that have value. That value could be financial, emotional or both. A dispute is often unavoidable and emotions can be frayed. As soon as the decision to end a marriage is made, it is imperative to take various factors into account with property division and assets. Doing so beforehand can help to alleviate stress and perhaps find common ground with the other party to negotiate. As always, getting legal help is essential from the start.

Can a driver license be suspended for past-due child support?

When a New York couple divorces, there are many legal issues that must be dealt with. Once the case is concluded and there are children from the relationship, it is likely that the noncustodial parent will be ordered to pay child support to the custodial parent. This is not a penalty, but it is a requirement so the child will be adequately cared for and the custodial parent has the means to provide that care. However, there are situations in which the supporting parent does not make the payments in full or does not make them at all.

What if I want my child support order changed?

New York couples who have children and have gotten a divorce will need to continue to deal with one another as the noncustodial parent pays child support to the custodial parent. For many, this is not a problem as they are happy to support their children. In some cases, however, there is a dispute over the payments and it is not due to a parent not paying or not wanting to pay, but because of the amount that was ordered in the case.

How is the basic child support calculated in New York?

For New York couples with children, divorce can be complex. Once one or both spouses plan to divorce, the child support will be a major concern to both sides. The main objective is to ensure the child is cared for properly and his or her best interests are served. As the child support amount is determined, it is wise to understand how the basic child support obligation is calculated.

Is a child support agreement modification possible in New York?

For New Yorkers who share a child and have gotten a divorce, it is common that one spouse will pay child support to the custodial parent for the child's care and upkeep. There are calculations that are generally used to determine how much it will be. However, circumstances can change and there might be the need on the part of either the paying former spouse or the receiving former spouse for an agreement modification. Understanding how and when such a child support modification can take place is key to it being done in a timely fashion.

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