Category Archives: Child Support

The Costs of a Raising a Child Rose; The Costs Are Even Higher in New York

It will cost a middle income family about $234,900 to raise a child born in 2011 until the age of 17 according to The Report on Expenditures on Children by Families prepared by the  United States Department of Agriculture.   This expenditure represents the cost of food, clothing, shelter, and other necessities.  The  report recognizes that the…
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What Happens to Child Support or Maintenance Payments If My Ex Dies?

You have been granted either spousal maintenance or child support, what happens if your ex dies? Maintenance or spousal support terminates when the paying spouse dies.   Ordinarily, unless arrears are owed, the recipient of the payment has no claim against the payer’s estate.   It is for this reason, that I strongly encourage all periodic payments…
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A Change in Custodial Parent’s Income- The Effect on Child Support

One question I am frequently asked goes something like this:  I am the custodial parent of a child in New York.  My income has doubled while the father, the non custodial parent’s income has remained the same.   What effect will this have on his child support payments to me? The answer – Under New York’s…
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The Failure to Pay Child Support: A Nationwide Crisis

Obtaining an order requiring the payment of child support is only half the battle; actually collecting child support is entirely another story. details that: According to the latest comprehensive child support numbers from the US Census Bureau, only 41.2 percent of custodial parents receive the full amount of support owed them by their ex-spouses.…
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Divorce and the Costs of College: Applying a SUNY Cap

The college application process can be an extremely stressful experience in a young person's life; adding to the child’s stress about deciding where to apply and which school to attend is the child's awareness that his or her choice of a college will provide yet another opportunity for parental conflict over who is going to…
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New York’s New Divorce Laws

This is an historic week in divorce law in New York.  The recently enacted no fault divorce law becomes effective October 12, 2010.    In addition to no fault divorce, three other divorce laws become effective this week including: 1.   a new procedures for setting awards of temporary maintenance while a divorce is pending; 2.  a procedure…
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Same Sex Couple Ordered To Pay Child Support

As Above the Law points out,  it is ironic that on the day a federal judge in struck down California’s ban on same sex marriage, a New York appeals court ruled that a same-sex partner may be liable for child support. In the case H.M. v. E.T, the Court ruled that the when the  partner of…
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Parents Cannot Contract Away Child Support Obligations

A finding of emancipation terminates the parental obligation to pay child support. For this reason, the issue is oft litigated. The typical divorce settlement agreement provides that child support will terminate on the happening of an “emancipation event” which is defined by parties’ settlement agreement, but generally includes the child’s death, marriage or entry into…
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