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Dec 2018DO I NEED A LAWYER IN FAMILY COURT
Dec 2018CHANGES IN DIVORCE LAW
Dec 2018Family Offense
Oct 2018Can I apply for Custody?
Oct 2018Must I sue for custody?
Oct 2018WHAT IS A RJI
Sep 2018Who will get custody in New York?
Aug 2018Can I sue for abandonment?
Jun 2018What is Mediation?
CHANGES IN DIVORCE LAW
December 27, 2018
CHANGES IN DIVORCE LAW
As 2019 rapidly approaches, I thought it would be a good time to revisit changes to the law and be sure the proposed papers necessary to get a divorce judgment are up to date and contain the proper language.
Another change was put into effect by Administrative Order that revised forms having to so with income withholding Orders for temporary and disability assistance. These new forms went into effect on August 31, 2018. This change also highlights that unless the parties opt out and provide an alternate way to receive support, the court must order an income withholding order. This Order amends two forms, one for child support and maintenance combined and the other affects income withholding on child support cases only. All of said forms must be submitted with your divorce closing documents and may be found at www.nycourts.gov/divorce. There, you will find all applicable forms as well as detailed instructions as to how to fill out these forms. It is very difficult to fill out these forms so it is advisable to seek legal counsel to conclude your divorce, in this writer’s opinion, and nothing contained in this article should be construed as legal advice.
On the above website provided by New York Gov’s website you will also find cakculators designed to give you an idea as to how much child support and spousal support you may have to pay to your spouse. These calculators are found here. It is important to note that these numbers are presumptively correct but that the court has the ultimate right to amend these numbers as equity demands. There are many factors that go into an analysis as to whether or not he court will either stick to these guidelines or deviate therefrom so you should become familiar with these factors before embarking up on a divorce because they are very complicated and have far reaching consequences to your case.
This article is not legal advice and you should thus consult with a NY divorce lawyer before embarking upon a divorce case or support or custody case.