Child Support & Maintenance Attorney
Child support and maintenance are often some of the most highly contested matters in a divorce or break-up. Whatever your situation, it is important to explore your options and determine what you are entitled to receive.
Although child support and maintenance are based on state statutory formulas, the calculations can be very confusing. Contact Michael G. Putter, Attorney at Law online or call 315-371-1862 or 866-915-4085 to schedule a consultation to learn more about the process. We represent clients throughout the Mohawk Valley including the counties of Herkimer, Lewis, Madison and Oneida.
Calculation of Child support
Whether you had your child in or out of wedlock, if you are no longer with the other parent you may be entitled to support for the care of your minor children. Child support is based on a state statutory formula that takes into account several factors including:
- The earning capacity of each parent
- The time spent with each parent
- The special needs of the child
Alternative dispute resolution (ADR) methods such as collaborative law allow couples to deviate from the guidelines if they have reasonable reasons to do so.
Calculation of Spousal Support and Maintenance
Depending on the circumstances surrounding a divorce, one spouse may seek spousal support or maintenance from the other. The actual amount a person is entitled to receive is based on state guidelines that take into account a variety of factors including:
- The length of the marriage
- The difference in income
- The earning capacity of both parties
- The standard of living during the marriage.
Types of Maintenance (Formerly Called Alimony)
Based on the finding of the court, maintenance can be awarded in one of three forms.
- Permanent – A set sum for the life of the parties.
- Rehabilitative – A term to allow one party to gain skills to obtain a higher standard of living.
- Lump Sum – An award of one lump sum at the end of the divorce.
Modifications of Child support and Maintenance
Modifications can be made to both child support and maintenance award if either party can show a substantial change in circumstances. This is usually a substantial increase or decrease in the earnings of one or both of the parties or a change in custody of the children.