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Determining Financial Support In Divorce Agreements

The era of dual-income families and stay-at-home dads has changed the legal norms held in matters involving financial support. As is the case with most family law issues, a resolution needs to consider the many unique factors of the family. Child support and spousal maintenance are two separate issues and have two different sets of guidelines. The awards will often change over time, so it is commonplace to draft modifications as children’s and parents’ lives change.

Mattingly Cavagnaro LLP handles both spousal and child support as part of many divorce settlements. The attorneys work closely with clients to effectively determine priorities and legal goals. Whether these matters are resolved through litigation or negotiated outside the courtroom, the team strives to create customized arrangements that address the needs of the children while also accommodating the priorities of the parent or spouse.

Spousal Maintenance

New York generally does not allow alimony and its concept of life-long support. Now laws lean toward temporary maintenance as a spouse transitions back into the workforce to support themselves. However, the circumstances of a marriage and the subsequent divorce are unique, so this is not applicable to all situations.

Some issues to consider in determining the length and amount of spousal support include:

  • The age or health of the spouse
  • The spouses’ standard of living during the marriage
  • The earning capacity, job skills and history of each spouse

Child Support

Both parents have a legal obligation to support their children until they are an adult. To determine the proper amount, the courts will use child support guidelines that balance different major factors. While each family’s situation is unique, the amount of child support is rigid within the confines of the law. The equation considers the following factors:

  • The number of children involved
  • The combined income of the parents
  • Amount of spousal maintenance paid
  • The custody arrangement

Reach Out To Discuss Your Support Issues

Mattingly Cavagnaro LLP works with clients in Buffalo and the surrounding areas of western New York, including families involved in a high-asset divorce. Call the firm’s office at 716-402-1060 or fill out the intake form on this website to schedule an appointment with a lawyer. Initial consultations are completely confidential.