Frequently Asked Questions

What is child support?

Child support is meant to help custodial parents financially support their children after a divorce. The amount you may be entitled to depends on a number of factors, including the healthcare, schooling, and the everyday or special needs of your child or children. Your income and financial resources and the standard of living that your children are accustomed to will also be taken into account.

New York also has statutory requirements based on a combined parental income of up to $143,000. For one child, this is 17% of the supporting parent’s total income, 25% for two children 29% for three children, 31% for four children, and no less than 35% of the total income for five or more children.

What is uncontested vs contested divorce?

In cases when couples decide to that they want to divorce and can agree on all issues, such as division of property, spousal maintenance, child support, and visitation, then the matter can be placed on the court's uncontested calendar. This means that everything is handled outside of court and the parties simply reduce their agreement to writing and wait for the judgment of divorce. In other cases where the parties do not have assets to divide, there are no children, and both spouses are employed, these cases can also proceed on an uncontested basis.

When the parties cannot agree on one or more issues, then the divorce must go before a judge. These contested matters require the parties to appear at all court proceedings and typically take a long time to resolve. Although 99% of contested divorces settle before trial, occasionally one or more issues must be tried and the judge renders a decision culminating with the judgment of divorce.

What happens to our property and assets?

Property acquired during the marriage is considered marital property. During divorce proceedings marital property is evaluated and equitably distributed to each spouse. Property includes personal property as well as real property. Assets are considered to be retirement plans, bank accounts, securities, and trading accounts, to name a few. If one party does not agree that certain property is marital or the amount to be awarded is equitable, then that party has the right to have a trial. There are many nuances to ascertaining and dividing marital property and you should speak with a knowledgeable Staten Island divorce attorney.