Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

White Plains Divorce Law Blog

How long do you have to pay child support in New York?

There are many people in New York who have children, but who are no longer in a relationship with the other parent. This could be because of a divorce or because they were never married to the other parent. If the parent does not have custody, they may have to pay child support to the other parent. Basic child support is determined based on the income of the parents, and the non-custodial parent pays a percentage of income to the other parent based on how many children the couple has together.

The parent will pay this amount until the child is 21-years-old or is emancipated, but what does that mean exactly? For the purposes of child support, children are emancipated if they are living independently from their parents or are self-supporting. This can be demonstrated by the fact that a child has graduated from college, is married, is permanently living separately from their parents, in the military, is at least 18 and working a full-time job all year and other ways that indicate the child is independent and self-supporting.

Why divorce mediation may be useful for child custody decisions

There are many decisions that parents in New York have to make for their children as they raise them. They have to make decisions regarding what schools they will go to and other education-related decisions. They also have to make medical decisions for the children, such as which doctors they will go to. They also decide which religion they will raise their children in, as well as many other daily decisions about what they eat, what they wear and where they will go.

These decisions need to be made whether the parents are married or divorced. However, if the couple divorces, who will make these decisions is determined by a child custody order. Any time decisions need to be made about children, it can be a very difficult process, which is why it can be a very contentious and emotional aspect of a divorce.

How spousal maintenance is handled in a high asset divorce

Just like every individual is unique, every marriage is unique due to the different qualities and assets that each individual brings to the marriage. So, it is also follows that each divorce is unique as well.

There are different issues that must be resolved in a divorce. How these issues are resolved depends on the unique circumstances of the marriage. One issue that can vary dramatically from divorce to divorce is asset division and spousal maintenance. These can be very complex in high asset divorces and somewhat of a non-issue in divorces with few assets.

Are custody and visitation always decided together?

Raising children is a very important job for parents. The relationships that parents have with their children are also very important to both the parents and the children. So, when parents go through a divorce, one of the most important issues that they must resolve is child custody and visitation. These issues ultimately determine who will make the decisions regarding the children's upbringing and when each parent will see the children.

Oftentimes these two decisions are made at the same time, but they are two separate issues. Custody is the decision determination and visitation determines when each parent will have the children in his or her care. A parent also does not need custody rights in order to have visitation with children, and there actually must be a good reason not to grant a parent visitation. Also, there are other people who can request visitation as well, such as siblings and grandparents.

Establishing paternity for child support purposes

When married parents in White Plains divorce and one parent is granted primary custody of the child, the other parent may be required to pay child support. This support is essential for providing the child with the quality of life needed to grow and thrive. However, what if a child's parents were never married and broke up after the child was born? In situations like that, before there can be a child support order, paternity must be established.

By establishing paternity, the child's father can be deemed the child's biological and legal father. This gives the child's mother the right to seek child support from him, and it allows the father to seek custody and visitation rights, if he wishes. One way to establish paternity is through an Acknowledgement of Paternity. This is a form signed by both parents stating that the man is the child's father. It is available at the hospital where the birth took place, at the parent's area child support office and at the parent's area birth registrar. After signing, the father's name will be included on the child's birth certificate.

How can you prepare for divorce mediation success?

While going through a divorce can be a stressful time in a person's life, many couples in White Plains may want to try to put their differences behind them and hammer out an agreement out-of-court. One way they can do this is through mediation. However, it is important to plan for mediation ahead of time, to increase the chance that it will be successful.

First, even those utilizing mediation will find that the divorce process is still an emotional one. After all, having to talk about child custody, financial issues and, in general, the failed marriage, can bring up a whole host of emotions. If the mediation process is becoming emotional in a way that might shut it down, the parties should remember that it's perfectly acceptable to stop the process momentarily and take a quick break.

Co-parenting during the school year after a divorce

Summer is coming to an end, and this means back-to-school time for children in White Plains. It's a time of excitement, with the prospects of seeing old friends, meeting a new teacher and anticipating what they will learn this year. However, for children whose parents have gone through a divorce, going back to school can be stressful. They have to adjust to living in two households, their normal routines may have been uprooted and if they had to move to a new home they may be nervous about starting at a new school. Parents in White Plains need to work together to ensure they can accommodate the changes the new school year brings.

Parents need to make sure they both have an agreed-upon understanding about how the child is transported to and from school. In addition, there needs to be an agreement on who will help the child with homework and school projects. Sometimes this means a parent needs to alter a work schedule to accommodate the child's needs. In addition, parents may want to make sure that they both attend important school events, even if, technically, it is not their parenting time. Mostly, though, it means that parents need to put their differences behind them and work together for the sake of their child.

Getting through a high-asset divorce

Some married couples in White Plains who decide to divorce might be surprised at exactly how much value they have in their marital assets. Owning a home, multiple vehicles, retirement accounts, savings accounts, stocks, possibly a business and perhaps other luxury items such as a vacation home, a boat, artwork or jewelry can add up. In fact, many people may not even realize until they decide to end their marriage that they are facing a high-asset divorce.

Is a high-asset divorce any different than other divorces? In essence, all divorces have some commonalities. If there are children, child custody and support those issues will need to be addressed. Sometimes spousal support will be awarded. And, no matter what a couple's worth, their marital property must be divided. This is a high-stakes endeavor if the couple shares a significant amount of assets, as they may in a high-asset divorce.

What are the consequences for failing to pay child support?

Sometimes, even if a parent in New York has been paying child support on time and in full for years, something happens in life that keeps the parent from being able to pay. Other times, a parent shirks responsibilities towards the child and purposely doesn't pay child support. Regardless of the circumstances, however, if a parent fails to pay child support, there are consequences.

First of all, it is important to keep in mind that a parent should start paying child support as soon as that parent is ordered to do so. This may mean paying starting with the birth of the child, if the parent is not married to the child's other parent. However, even if a parent's child support obligations start later, it is possible that some payments will be retroactive. Therefore, if a parent is ordered to pay child support, the parent should do so from the beginning.

Finalizing a divorce if a full agreement is reached in mediation

Divorces in New York are oftentimes stressful situations for a family. It is not easy to split up a person's life and oftentimes it is emotional and the couple can be upset with each other. This can make coming to agreements difficult, and there are many issues that a couple must discuss during a divorce. If the couple has children, child custody, parenting time and child support will be issues. All couples must divide assets and debts, and spousal support may be an issue as well.

These are not easy topics and they have a major effect on the family's lives. There are a couple of different ways that a couple can reach a resolution of these important issues. One is to have a judge make these decisions after a trial. Another is to attempt to discuss them on their own and reach a resolution, which may be difficult given the emotions involved in a divorce, or they could use divorce meditation to help facilitate the discussion and negotiation.

Contact Form

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Carton & Rosoff PC
150 Grand Street, Suite 305
White Plains, NY 10601

Phone: 914-949-6700
Fax: 914-381-7158
White Plains Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.