How spousal and child support are determined

In New York, spousal support is referred to as Maintenance and is calculated through a series of formulas. It may be awarded to a spouse who is unable to be self-supporting and/or for a period of time in order to enable a spouse to become self-supporting. There are specific factors which are considered to determine its duration, including the former marital lifestyle, the parties' financial means, ages the assets of the parties, including those to be distributed to each party upon the divorce, presence and ages of any children of the marriage, tax consequences, and whether there has been any wasteful dissipation of assets, among others.

In New York, both parties are responsible for the financial support of their children under the Child Support Standards Act (CSSA) which support is determined through the application of a formula applied to the parties' respective incomes and numerous discretionary factors which are considered. It is a child's right to receive support.

We approach this often challenging issue with the same level of detail and knowledge as to the specific facts and factors present in each case, the applicable law and supporting case law, and the means by which the Court applies all of the foregoing to determine child support.