What is a Contested Divorce in New York?

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Couples who go through a divorce are required to settle a number of legal matters. This can include issues such as child support, child custody, visitation, the division of assets, spousal support, and more. Sometimes, when facing these matters, spouses have a difficult time reaching amicable conclusions regarding their settlement. If they are unable to work things out, they may find themselves in a contested divorce. This allows the court to make these decisions on behalf of the couple. During this time, it is important to retain the services of an experienced New York divorce attorney to guide the process.

What is Equitable Distribution?

Spouses who are unable to reach an agreement on the division of their assets can relinquish their rights to do so to the court. In doing so, they follow the method of equitable distribution. While many people believe this means an equal distribution of the couple’s property, it actually results in a fair and just distribution. This means one spouse may be awarded more than the other depending on the circumstances of the marriage.

How are Child Custody and Support Determined?

Matters of divorce usually become more sensitive when children are involved. This is because matters of child custody and child support must be considered. When parents are unable the establish a custody arrangement for their children, the court may do so. It is important to know that when this is done, it is done in the best interest of the child. Decisions are not made based upon the desires of the parents. In order to understand what is best for the child, the court considers various factors regarding the needs of the child as well as their relationship with each parent. Generally, the court wants both parents to remain involved in their child’s life unless one parent is a danger to them.

In the state of New York, child support is determined by the Child Support Standards Act. This uses a percentage of the combined income of both parents in order to determine a base pay. Depending on the family, parents may owe the following amount in support:

  • One child- 17%
  • Two children- 25%
  • Three children- 29%
  • Four children- 31%
  • Five or more children- no less than 35%

How is Spousal Support Determined?

Divorces are often complex and spouses who disagree with one another have the potential to become hostile. When this happens, they often do not want to financially support one another after the marriage is over. However, under certain circumstances, the court may require it. If one spouse is financially dependent on the other, the independent spouse may be required to pay spousal maintenance until they can support themselves.

Contact our Firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.

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