Determining Financial Support In Divorce Agreements
The era of dual-income families or even 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.
We handle both spousal and child support at Mattingly Cavagnaro, LLP, as part of many divorce settlements. Our attorneys work closely with clients to effectively determine priorities and legal goals. Whether these matters are resolved through litigation or negotiated outside the courtroom, we strive to create customized arrangements that address the needs of the children while also accommodating the priorities of the parent or spouse.
New York generally does not allow alimony and its concept of life-long support. Now laws lean toward the 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 the 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
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
Contact Us To Discuss Your Support Issues
We work with clients in Buffalo and the surrounding areas of western New York, including families involved in a high-asset divorce. Call our office at 716-854-2915 or fill out our intake form on this website to schedule an appointment with one of our lawyers. Initial consultations are free and confidential.