Legal Question in Family Law in New York
Child support
I have a friend that's getting a divorce from her husband. The kids are living with the mother, the child support based on their combined income is $1256 a month. Is she entitled to seperate expenses for the household. The expenses for the household bills are $2400, which they've previously split 50/50. His lawyer states that she is only entitled to the $1250, her lawyer states that the figure should be 50% of the household expenses plus the child support. Could you please verify which is correct.
2 Answers from Attorneys
Re: Child support
Child support is intended to subsidize the costs of the household of the custodial parent, that is, where the children reside. Maintenance (alimony), is intended, in part, to help maintain the marital standard of living for the spouse with less means, such as a wife who worked as a homemaker rather than develop her career. A wife's entitlement to maintenance depends on a variety of factors. She should consult with an experienced family law attorney with all of the details for a second opinion.
Re: Child support
Hi:
Both sides have competing meritorous arguments, and this can only be decided by a judge. The judge will listen to the parties explain their standard of living, their respective income, their expenses, etc., and render a decision.
Good Luck
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Live jflkajlkfjlasufd kdjflkasurw,mer Asked 5/03/07, 2:26 pm in United States New York Family Law, Divorce, Child Custody and Adoption