The issue of child support is one that can only be worked out with an experienced New York divorce lawyer due to increasing legal complexities. When it comes to taking care of a child after divorce, thinking of your child's welfare should always be foremost on your mind. However, due to certain economic circumstances, you possibly have no choice but to seek child support from your former spouse.
While this might be thought of as something a woman would seek from a man, it's not always that way. Here at Peter L. Cedeño & Associates PC, we've seen cases where men seek child support from women.
No matter the case, the court figures various reasons behind why you'd pay or receive child support. In basic terms, you'll have three different methods on calculating who pays and how much the support is. We'll help you understand what these are before any final decisions get made.
The Three Child Support Methods
In most cases, one parent pays child support, which is known as the percentage of income model. This isn't necessarily cut and dry, and the court has to determine other factors. Regardless, if your spouse is making more money than you are, there could be an order for a percentage of their income based on what you need to properly raise your child.
As always, the children come first. The court always calculates percentages based on what your children need for a quality upbringing.
In some cases, the court will also consider the income shares model where both parents contribute a percentage of their incomes for raising their children. We see many success stories with this calculation model because both parents are held responsible. It places the role of parenting back in order, even if one parent isn't living in the same household any longer.
Then you have the Melson formula that goes by how high the standards of living are of each parent. When one parent suddenly ends up with a higher income than the other, then this calculation method gets used sometimes as a process of readjustment.
Visit us here at Peter L. Cedeño & Associates PC if you're just now divorcing and need an experienced family attorney to deal with child support. We're there for you every step of the way so your children grow up in the best possible environment. Call now or fill out an online form to request your initial consultation.