Support Payments After a Divorce in New York
When people get married, they intertwine their lives in many ways. In many marriages, spouses join their finances and have children together. This makes going through a divorce very difficult. This is why support payments exist after a divorce. In some cases, a spouse may be required by the court to make support payments to the other spouse. This can be to support them or any children they have. These payments are known as spousal support and child support. They exist to financially assist these parties until they are independent.
Spouses often combine their finances and assets when they get married. With this, there are some situations in which a family may have a single income. This means that one spouse works while the other takes care of the home and any children. When this happens, one may be financially dependent on the other. Then when they are divorced, the dependent spouse can be left in an unfair financial state, as they do not have an income of their own.
In these situations, the independent spouse may owe support payments to the dependent spouse. This is spousal support or alimony. These payments let the dependent spouse live without struggle as they move on to become independent. In New York, the amount in alimony that may be required by the court depends on the length of the marriage. Courts also look into certain factors outside the length but relating to the marriage and both spouses.
Couples who have children must determine child support payments during divorce proceedings. Custodial and non-custodial parents have different financial responsibilities. A custodial parent is required to provide the child with a stable life through clothes, food, a home, an education, and more. These expenses can become overwhelming for one parent to take care of on their own. This is why both parents are required to financially assist their child in New York. The non-custodial parent must pay child support to the custodial parent to split the child’s cost of living. This allows the child to maintain the same standard of living they had before their parents divorced.
Support payments are required by the court to be paid until a child reaches the age of emancipation. In New York, this is usually at 21 years old. However, this age can change depending on what the child needs. If the child cannot yet support themselves, the court may decide to extend support payments. To end support payments, a parent must petition the court to establish the emancipation of their child. If the court agrees, support payments can end.
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