Court Requires Strict Adherence to Statutory Child Support Formula


New York Appeals Court Requires Strict Adherence to Statutory Child Support Formula

New York has always been much like other jurisdictions when it came time to decide such issues as spousal and child support as part of divorce cases.  Basically, judges handling divorce cases were given a wide degree of latitude when it came to setting an amount of child support and spousal support to be paid on a temporary basis while a divorce case was still being litigated.  Based on a recent decision made by the Court of Appeals in New York, that latitude no longer exists.

Specifically, a new law that was enacted in 2010 that strictly laid out the formula to be used when calculating different forms of support is now to be the formula used by all trial judges in the state.  This formula basically involves calculating payments based on income levels of up to $500,000 per year and also requires that what used to be additional expenses such as healthcare and mortgage payments be included in this formulaic amount.

This decision is expected to provide much in the way of guidance and clarity for divorce courts going forward, as there has been much confusion in terms of support orders with respect to this new statute until this decision was made.  Therefore, advocates of this law will now feel reassured that support decisions will not largely be determined by the history of judges overseeing these cases.

San Diego Child Support Lawyers

California is a state that also has a formula in place when it comes to child support, but there is still some latitude present for judges when it comes to child support and spousal support.  Fathers and husbands who encounter problems with regards to support orders, however, should still be proactive if they encounter a change in circumstances and need to have their support orders modified.

If you are facing potential problems with your child support obligations or any other orders that deal with a divorce, you need to seek the help of San Diego child support lawyers who have been fighting for the rights of husbands and fathers for many years.  Contact the Men’s Legal Center today to schedule an initial consultation.

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