What is a Contested Divorce in New York?

What is a Contested Divorce in New York?

When couples go through a divorce, there are times in which they are unable to reach agreements regarding the future of their marital issues. This can include child support, child custody, visitation, the division of assets, spousal support, and more. When this happens, spouses can turn to the court in order to make these decisions for them. This is known as a contested divorce. During this time, it is crucial to contact an experienced New York divorce attorney for assistance. 

What is Equitable Distribution?

When spouses cannot agree on how to divide their assets between them, the court can decide this for them. Throughout this process, it is important to understand the concept of equitable distribution. Many believe this is a 50/50 split of marital assets. However, that is not always the case. Equitable distribution is actually the fair and just division of a couple’s assets. 

How are Child Custody and Support Determined?

When children are involved in a divorce case, there are other matters to consider. This includes child custody and child support. Parents who cannot determine their children’s custody arrangements on their own can relinquish their right to do so to the court. When this happens, the judge makes a decision based on what is in the best interest of the child, not the wishes of the parents. In order to reach a decision, the judge will consider various factors relating to the family and their personal situation. As the court generally wants both parents to be involved in their child’s life, judges usually work towards finding a solution that allows this unless one parent is a danger to the child.

Child support in New York is determined by the Child Support Standards Act. Under this, a percentage of the parents’ combined income is used to determine a base pay. The amount that a parent may owe is as follows:

  • One child- 17%
  • Two children- 25%
  • Three children- 29%
  • Four children- 31%
  • Five or more children- no less than 35%

How is Spousal Support Determined?

Divorce can be complicated and in the event that they are hostile, spouses often do not want to support one another after the divorce is final. However, the court may order spousal support in some circumstances. This may be if one spouse is dependent on the other financially. When this happens, an independent spouse may be required to pay spousal support until the other spouse is able to support themselves. 

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.