Peter L. Cedeño & Associates, P.C.
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November 2014 Archives

UNCONTESTED VS. CONTESTED DIVORCE IN NEW YORK

Regardless of the kind of divorce you're headed towards, there are several key issues that you and your spouse will need to settle before it's final. The way that these issues are handled makes a divorce either contested or uncontested - essentially, rife with conflict or not.

THE INS AND OUTS OF NO-FAULT DIVORCES

Prior to 2012, New York law made it extremely difficult to residents to successfully file for divorce. The state required that all couples file on fault-based grounds, such as inhumane treatment, abandonment, adultery, or imprisonment. Fortunately, the Empire State has caught up with the times and now allows for no-fault divorce.

CHILD SUPPORT OBLIGATION ADD-ONS: THE MAIN POINTS YOU NEED TO KNOW

When it comes to child support, absent another agreement by the parties, the amount of support required from each parent is dictated by the Child Support Standards Act, or CSSA. The act takes the combined gross income from both parents, minus specific statutory deductions, up to $141,000, and determines what percentage each parent owes based on the percentage of the total that their income accounts for, and how many children the parties have. Each parent will be responsible for their proportionate amount of child support.

NEW SPOUSE, OLD OBLIGATIONS: HOW MAINTENANCE AND CHILD SUPPORT CAN BE FINANCIALLY IMPACTED BY REMARRIAGE

Although divorce can be an extremely difficult ordeal, many people are lucky enough to find someone new to share their lives with. Many people today enter new romantic relationships and get remarried. However, as wonderful as a second marriage can be, there are a number of financial issues on which, even years later, divorce can have a substantial impact. Therefore, it is important to be aware of these situations before you say "I Do" again. Two concerns for a couple entering a new marriage together and blending not only families, but finances, are maintenance and child support.

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