A divorce and family court case in which the wife was the plaintiff and the husband was the defendant went to trial in Queens County, New York over several issues, according to an April 17, 2014 New York Law Journal article. The interesting part of the decision in this trial was about the amount of child support the court ordered. First, the court awarded custody to the father. That is because the children feared their mother and refused even to see her. In addition, after the divorce, she got remarried. The children have a restraining order against the mother’s current husband. The order says that he is not allowed to see them. Because having relations with both parents can be beneficial for the child, the court ordered therapy for the parents and the children. Another issue at hand in the trial was equitable distribution. This is the question of how the divorcing parties, the two spouses, will split up their wealth. The spouses worked together and ran a laundry and dry cleaning business. Because this business was a joint venture purchased by both parties, it could have been tricky to split it up between the two.

Next was the issue of child support. In New York State, there are guidelines that determine how much child support one parent must pay another. These guidelines are a formula that takes into account the income of both parties and the number of children. The child support is awarded based on the first $136,000 of the parents’ combined income. This couple had a combined income greater than $136,000. That put the child support amount at $25,560 annually, or $2,130 per month. The court would not calculate child support based on the couple’s true income, keeping the support limited to $136,000 of income as the judge determined that this amount of child support was sufficient to keep the children’s standard of living the same as when the parents were married.

If you are planning to get divorced or if you are seeking child support, visitation or custody, then it is advisable to contact a qualified attorney who can explain your rights to you. Jayson Lutzky is a Bronx, NY lawyer with over 30 years of experience. He offers free in person consultations for divorce and family court cases. Call 718-514-6619 to set up a confidential appointment. Visit www.MyNewYorkCityLawyer.com for more resources.