Alimony

How Does Having Multiple Children in Multiple Households Impact Child Support in New York

Multiple Children in Multiple HouseholdsChild support can be a confusing topic for those who have never dealt with it before. While there are many formulas out there for determining support, it can be more difficult to get information if your situation doesn't fit the standard examples. One important question that should be asked, for example, is how child support in New York works when there are multiple children in multiple households. 

The amount of child support in New York owed by a non-custodial parent is based on his or her Adjusted Gross Income (AGI). The combined AGIs of both parents will be combined to create a household income, and then the non-custodial parent will owe child support based on the number of children in the household and the percentage of the household income that the non-custodial parent's AGI makes up. 

When a parent has multiple children in multiple households, the same sort of formula is going to be used. What changes, though, is the parent's AGI. The amount of child support paid to the first household will be deducted from the AGI of the non-custodial parent when determining child support for each subsequent household.

For example:

If Parent A has an AGI of $100,000 a year and that 100,000 a year represents one hundred percent of Household 1's earnings, the basis for determining child support for the children in Household 1 will be based off of that AGI. In this case, let us say that there is one child in the household, so he or she would pay about $17,000 per year in child support. 

If Parent A then owes child support for a second household, Household 2, then Parent A's AGI would be his or her total AGI less the child support payment that he or she makes towards Household 1. In this case, the AGI that forms the basis would be $83,000 ($100,000-$17,0000), and with one child he or she would then owe $14,100 per year in child support to that household.

As you may be able to see, the household that is able to file for child support first gets a significant monetary advantage over each subsequent household. As such, it is always important to file for child support quickly once parentage is established or once any form of separation agreement begins.

If you are dealing with child support issues, it's vital that you work with an attorney. Doing so not only gives you a chance to find out what your child deserves, but it gives you the representation you'll need to interact with the legal system. When you're ready for help, make sure to contact the Sabra Law Group at (646) 472-7971.

 

 

 

 

 

 

 

 

 

If My Spouse Cheated on Me, Can I Get More Money Out of My Divorce?

Spouse CheatedAdultery is one of the primary reasons that marriages end, and according to current information, one spouse cheating on the other is an influence in 15-50% of all divorces. This is a huge number, and it begs a very important question: If there is cheating in a marriage, can you get more money in a divorce?

The answer? Maybe, but it's complicated. It depends on your state. In some states, adultery can prevent a person from collecting alimony. However, that depends on the state and on the proof you have, as mere allegations of adultery do not count. If you think that your spouse cheated on you, you must be able to provide some level of evidence supporting the allegation. Again, the specifics vary, so you'll have to check with your divorce lawyer in order to determine what proof you need in order to make the claim that your spouse cheated on you and have that claim admitted into law.  Either way, seeking to prove and establish this in court takes time and costs a lot in legal fees and other expenses. 

Furthermore, it is important to recognize that the definition of infidelity may vary. A deep emotional relationship may count in some states, a kiss on the lips in others, and a more intense physical encounter in others. This is not a small distinction, as you may need to take additional measures, such as hiring a private detective, in order to prove the adultery and thus save yourself money in a divorce settlement. 

It is also worth noting that an unfaithful husband or wife can wind up losing property. For example, if the cheating partner has expended a significant sum of money on the third party, or paramour, it is possible that a Judge may award a more favorable settlement to the wronged party. This would be to compensate for the financial losses incurred by the cheated spouse. 

Last, it is possible that someone who cheated may wind up losing leverage in a divorce settlement. In the vast majority of cases, divorces are settled before they go to Court. However, a spouse who has cheated may feel guilt, the fear of public embarrassment, or the threat of a less than favorable ruling by an unsympathetic judge. As a result, they may be more inclined to make a favorable settlement to the wronged party. 

If your marriage is coming to an end, Sabra Law Group can help make sure your interests are protected and that you get the settlement you deserve.  Call us at (646) 472-7971 for a confidential consultation.

 

 

 

 

 

 

Learn What Factors Determine Spousal Maintenance in New York 

Spousal MaintenanceSome people confuse spousal support, spousal maintenance and alimony.  In New York, these terms are used interchangeably and refer to a payment that is made by one spouse to the other during or after divorce.  In 2010, New York passed a statute requiring a formula to be applied to determine “temporary maintenance”; i.e. spousal support that is paid during the pendency of a divorce action.  There is also a formula for determining “permanent maintenance” which is support one spouse continues to pay to the other after a divorce has been finalized. In addition to the application of the appropriate statutory formula, courts will apply various factors in reaching its determination. Are you wondering what factors determine spousal maintenance in New York? 

Spousal Maintenance in New York is Determined by Applying and Evaluating the Following Factors: 

    
(a)    the age and health of the parties; 
(b)    the present or future earning capacity of the parties, including a history of limited participation in the workforce; 
(c)    the need of one party to incur education or training expenses; 
(d)    the termination of a child support award during the pendency of the temporary maintenance award when the calculation of temporary maintenance was based upon child support being awarded and which resulted in a maintenance award lower than it would have been had child support not been awarded; 
(e)    the wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration; 
(f)    the existence and duration of a pre-marital joint household or a predivorce separate household; 
(g)    acts by one party against another that have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law; 
(h)    the availability and cost of medical insurance for the parties; 
(i)    the care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party's earning capacity; 
(j)    the tax consequences to each party; 
(k)    the standard of living of the parties established during the marriage; 
(l)    the reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during the marriage; and 
(m)    any other factor which the court shall expressly find to be just and proper. 

 

If you have questions about what factors determine spousal maintenance in New York, or are considering a divorce, contact Sabra Law Group at (646) 472-7971 to assist you with all of your family law matters. 

 

 

 

 

 

 

How the New Tax Law Will Impact Spousal Support Calculations in New York in January 2019

Spousal Support CalculationsChanges go into effect on January 1, 2019, that will impact spousal support payments for people who divorce in 2019. The signing of the Tax Cuts and Jobs Act in December 2017 created changes that will impact couples who divorce after December 31, 2018.  The previous law made spousal support a tax deduction for the payor while it was taxable income for the payee. Beginning in January 2019, the payor will no longer be able to deduct these payments, and the recipient is no longer required to pay taxes on the income. 

This is a critical change that all couples who are considering divorce should take into account. Spousal support calculations in New York will change drastically in the new year. Here are some of the ramifications that may need to be weighed. 

Typically, the payor of spousal support does so because they have a larger income than the individual who receives the payments. If the payor no longer gets to deduct the spousal support payments before determining what their income tax due is, and instead, required to pay income taxes on the total; then there will be less money available to support the family while the government benefits from collecting more tax dollars. 

Under the old law, people who were paying spousal support frequently saved money on their taxes. This is because the amount that they paid in spousal support (maintenance) was deducted right off of the top of their taxable income.  Furthermore, because that they are taxed at a higher tax bracket, the tax dollars paid would have been more than, when reported as income by the recipient spouse (typically) taxed at a lower tax bracket, and thereby there was more money to share in the family. 

It may look as if the new tax law which goes into effect in January 2019 simply shifts the burden of paying taxes on spousal support payments from the payee to the payor, but the effects may be more far-reaching than that. The paying spouse is almost always subject to a higher tax rate than the receiving spouse.  Accordingly, after January 1, the payor will pay the taxes on the maintenance payments at their higher tax rate rather than the recipient paying the taxes at their lower rate. 
With the upcoming increasing tax burden on the payor (and hence, on the family), it seems logical that couples seeking a divorce may want to consider resolving their situation before December 31, 2018. 

 

Couples whose divorce proceedings are finalized in 2018 or who are already divorced will largely not be affected by the change. However, seeking any alteration to an existing spousal support agreement may result in being subject to the new 2019 tax law. 

Speak with a legal professional at the Sabra Law Group by calling 646-472-7971 today.

 

 

 

 

New York Prenup Attorney Discusses Temporary Spousal Support

Spousal maintenance (also commonly known as alimony or spousal support) is monetary support that is paid by one spouse to the other spouse during or after divorce.  It is possible for the court to order one spouse to pay the other spouse a specified sum for a certain period of time.  

Back in the day, it was common that the court would order the ex-husband to pay their ex-wife alimony in divorce cases, however, times have now changed and currently either spouse can be ordered by the court to pay support to the other person.

The thought process behind spousal maintenance is to obligate one spouse to pay the other spouse until that spouse is able to support themselves financially.  Usually, the support is temporary unless there are extenuating circumstances such as illness. 

The state of New York temporary spousal support statute has a 2-step formula that the courts apply during a contested divorce when the income of the spouses is disparate.  When the Court applies the formula, it may be determined that the higher earning spouse has to pay support to the lower income spouse during the pendency of the divorce.  In addition, the court may award legal fees to be paid by higher income spouse to the attorneys for the lower income spouse.  The intent of the temporary spousal support statute is to create an equal playing field for both spouses so that the lower income spouse will not have a reason to drag out the divorce. 

In a prenuptial agreement, both parties can, if they choose, agree to waive any claims of spousal support from each other.  They are also able to create their own formula for determining spousal support as long as they take the duration of the support and financial amount into consideration.

Contact a New York Prenup Attorney to Learn More About Temporary Spousal Support

Contact the Sabra Law Group today to learn more about spousal support and the formula used to calculate temporary spousal support at (646) 472-7971.