I know I cant expect too much from the forum but I have a few questions:
1- Child support- is it based on gross income or can say things like mileage be deducted?
2-';divorce yourself'; programs- Are they worth it and do they really work?
3-Custody- If we have joint custody do I still have to pay support?
4-Cheating- I think(basically know but dont have concrete proof) that she is having an affair... would it effect the outcome of maintenance/support amounts?
Any other general advice would be greatly appreciated!! Thank you! New york divorce advice?
Child Support is based on your gross income- It's 17% to be exact per child and Here in New York, it can be deducted automatically from your pay by the court system. You will have the option to do that when you file for divorce.
Uncontested Divorces are the only divorces you can do without a laywer, the catch is,you and your soon to be ex have to agree on everything. Child support,property,taxes, you must agree on all points and it costs $335.00 without lawyers. You can download the forms yourself . I will give you the website below. These are the forms i am using also.
You can have joint custody, but the children are going to be primarily living with one parent..One parent will always have full physical custody. So, whoever doesn't have physical custody, pays child support.
In New York, Adultery has no bearing in support/child support or anything.and you have to have proof. Like a 3rd Party Affidavit from someone(other than you) who can attest to your wife's affair and /or you need to hire a P.I and they can do an affidavit that's admissable in court. You have to have grounds in New York in order to divorce. If you don't satisfy 1 of the 6 grounds..you have to get a Legal Separation agreement made,file it with the court, and live separately for 1 year and then you can file based on the separation agreement. I have researched and asked so many questions about this myself as i too am a Divorcing New Yorker.. Good Luck to You, Hope that helps.New york divorce advice?
From my knowledge, child support (in most if not all states) is determined by the court and based on your take home pay. No, things cannot be deducted. Its not taxes :)
I used a document prep service, they prepared my divorce papers for me, and I filed %26amp; served them....was pretty easy. They say that they'll also prepare the legal separation papers for those who live in states that require them (http://document-do-it-yourself-service.c鈥?/a>
Cheating does not usually affect the support amounts, from my understanding. Its mostly based on if your spouse has a job, makes more or less than you, etc. I've heard a few times where the judge refused alimony because the spouse cheated (caused the divorce) but its rare.
1) your gross income minus FICA.....the minimum MUST be ordered by State law, a judge may order more but he takes into account your living expenses before he orders over what NYS mandates (17% for one kid, 22% for two kids)
2) get an attorney to protect your rights...it's worth the money, Hon, especially since NY is a 'fault' state.
3) Yup, custody just means where the kids live and in full legal custody , one parent makes all legal decisions without needing the other but the non custodial parent must still pay support. Now if physical custody is 50-50 the courts may not order support to a parent but will demand in the judgment that each parent contribute a set amount to the child(ren) including health insurance, child care, etc....
4) Cheating does NOT affect child support and maintenance amounts.....even tho NYS demands a reason (fault) for the divorce, the 'faulty' party is NOTpenalized...Maintenance is short term and designed to give the receiver enough time to become self-supporting, a judge does have the right of not ordering or ordering but it's based on need, not punishment. Child support is the child's right and not based on anything the parent may or may not have done.
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