In New York, whether to award spousal maintenance is solely at the court’s discretion. If the court determines that spousal support is appropriate in a particular case, the court will apply an 11-factor test to determine the amount of support pursuant to Domestic Relations Law Section 236-B(6). Some of these factors include the length of the marriage and the age and health of both parties, the income and property each owns, their potential and present earning capacity, where the children will live, any potential tax consequences, whether either party has wasted assets or sold property in anticipation of divorce, and any other factors the court deems relevant in a particular case.
For child support, however, Domestic Relations Law 240 sets forth a clear formula for the calculation: a percentage of the non-custodial parent’s adjusted gross income depending on the number of children:
One child: 17 percent
Two children: 25 percent
Three children: 29 percent
Four children: 31 percent
Five children or more children: no less than 35 percent
In addition to the most common issues described above, the Law Offices of Ira M. Bierman also represent clients in grandparents’ visitation cases, and proceedings for orders of protection in domestic abuse and family violence cases. If you receive an unfavorable outcome in the divorce proceeding, the Law Offices of Ira M. Bierman also represent clients in appeals before the appeals division.