Step 5: dealing with The big issues
New York Property division
In a New York divorce, the marital property is usually divided equitably, i.e. the property and debts that were acquired during your marriage are divided on what is considered fair and not necessarily on an equal basis. Your income, home and personal possessions are all considered as your property.
While dividing the property, the court will consider your spouse’s and your financial circumstances in the future, tax circumstances of both spouses, value of the assets or any business interest and the need for the custodial parent to live in the family home. The court may also divide the separate property of both spouses if it believes that this is fair, i.e. the court can allocate the property brought into the marriage by one of the spouses to the other spouse at the time of divorce.
NY Alimony / Spousal Support
One of the spouses may be ordered by the court to pay alimony to the other. Usually, the judge will consider many factors before determining the amount of alimony such as the duration of the marriage, the earning capability of each spouse, the capability of the receiving spouse to become self-supporting and the homemaking and financial contribution of each spouse to the marriage. If any spouse wants to modify the permanent alimony award, he/she must prove that the circumstances have changed significantly such that the alimony is not appropriate any longer.
Ny hild Custody
Usually, when making any decision regarding child custody or visitation, the court takes into account the best interests of the child. The custody of the child may be awarded to one parent or both parents with the objective of providing the child with a stable environment. The various factors such as the age and mental and physical health of the child, the emotional bond that the child has with each parent, the lifestyle of both parents, the capability of each parent to provide the child with food, clothing, medical care and shelter are considered by the court before making a decision.
If both parents have an agreement on the custody arrangement of the child, they can submit their proposal to the court, which the court will consider and if there is any requirement to modify the custody, then you must prove to the court that the situation has changed and it is in the best interest of the child to change the custody agreement.
NY child Support
The child support is calculated on basis of the combined income of both the parents. The child support continues until the child turns 21 years old. The court will consider various factors such as the financial resources of each parent, health needs or any special needs of the child, standard of living that the child is accustomed to before determining the child support. One of the parents may be ordered by the court to pay for the medical, educational and health insurance expenses of the child. If you require any help while enforcing a court order for child support, you can contact the Child Support Enforcement, New York Division.