| WHAT ARE THE GROUNDS FOR DIVORCE IN NEW YORK? a-cruel and inhuman treatment b-abandonment of the plaintiff for a year or more c-confinement of the defendant for 3 or more years in prison d-adultery e-parties living separately pursuant to separation decree 1+ years f-parties living separately pursuant to separation agreement 1+ years HOW IS CHILD SUPPORT CALCULATED? From your gross income FICA, unreimbursed employee expenses and New York City taxes actually paid are deducted. From the remaining figure, the following percentages are for child support: 1 child-17% 2-25% 3-29% 4-35% And...you may have to contribute to health insurance and day care. Look at section 413 of the Family Court Act for details. WHAT FACTORS ARE USED FOR MAINTENANCE? Maintenance, (alimony) determinations take into consideration the duration of the marriage, health and education of the parties, tax consequences, sacrifices to career, education and training, by reason of the marriage, relative income and earning capacities, etc. See section 236 of the Domestic Relations Law for details. NY OFFICIAL COURT FORMS: Gateway to divorce/family court forms in NY GUIDE TO THE NY FAMILY COURT: A guide to the Family Court and You What Is An Uncontested Divorce? An uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action. You may sue for divorce thinking that the proceeding will be uncontested,
but discover later that your spouse has decided to contest ("fight")
the case. If this occurs, you may wish to consult an attorney, or you
may proceed on your own without an attorney. In either situation, this
packet should not be used. Many of the forms in the packet apply only
to cases where your spouse either (1) consents to a divorce; or (2) where
your spouse does not appear to oppose the divorce. |
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Reccomended reading!! But as many divorced couples learn the hard way, this is precisely the time you need to get a grip and pay close attention to your assets and your financial future, lest both slip away in the flood of emotion. "First and foremost, it's a business deal," says Gayle Rosenwald Smith, a Philadelphia family lawyer and author of "Divorce and Money: Everything You Need to Know." "That means you've got to get rid of your emotion any way you need to, whether through therapy or going to a gym. Because your divorce should be based on one thing: your property settlement. It's a matter of numbers, that's all it is." Financial educator Ruth Hayden, author of "For Richer, Not Poorer: The Money Book for Couples," agrees, but admits that's easier said than done.
"At least 80 percent of money is about self-management, about emotions, and 20 percent is about quantifying and computing," she says. "The counting part is easy; it's the emotional part that's hard." Since money is the number one cause of divorce, it's safe to assume that splitting the financial sheets won't be easy. Here are 10 steps to help you cast off, steady your financial ship and set sail for the solo voyage ahead. 1. Pull your credit report. 1. Pull your credit report. 2. Open individual bank, credit card and brokerage accounts. 3. Close all joint accounts. Closing shared accounts is a critical step and one that is too often overlooked, says Smith. The more you remain connected to your ex-spouse financially, the more you are at risk. If possible, pay off joint credit card balances by check from your individual bank accounts or through balance transfers to your individual credit card accounts. "In a property-settlement agreement, couples often split their debt. One person takes the MasterCard and another the American Express. Well, that's an agreement between the two of you, not between you and the credit card company," says Smith. "What will happen is, one person declares bankruptcy down the road and the credit card companies come after the other. You might be better off each borrowing in your own name and each paying off the credit cards so that you come out of the marriage without any joint debt." 4. Keep separate property separate.Assets you brought to the marriage separately (real estate, vehicles, an inheritance, gifts, money you acquired before marriage, etc.) are yours to take away from the marriage. You drive in with an SUV, you drive out with an SUV. But if you put any separate assets into a joint account, they may be considered joint property. "If you're going to take separate money and give it to the marriage, then either decide to kiss it goodbye or do some loan documentation, because if you don't, you're going to lose it," says Smith. Separate debt also travels with you. For example, if you brought a student loan into the marriage, you carry it out with you, even if your spouse was helping to pay it off. 5. Consider selling the house. "Studies say that women will keep the house and give up the retirement money," says Hayden. "It is one of the biggest mistakes women make. The problem with that is, many times she's not going to be able to afford to stay in this house anyway, and if they've been in the house for a long time, she could stand to lose a good share of her capital gains exclusion, which is $250,000 for singles and $500,000 for couples." "If you're going to take separate money and give it to the marriage, then either decide to kiss it goodbye or do some loan documentation, because if you don't, you're going to lose it," says Smith. Separate debt also travels with you. For example, if you brought a student loan into the marriage, you carry it out with you, even if your spouse was helping to pay it off. 5. Consider selling the house. "Studies say that women will keep the house and give up the retirement money," says Hayden. "It is one of the biggest mistakes women make. The problem with that is, many times she's not going to be able to afford to stay in this house anyway, and if they've been in the house for a long time, she could stand to lose a good share of her capital gains exclusion, which is $250,000 for singles and $500,000 for couples."
"I recommend that they look seriously at selling that house, even though it's hard. It's an emotional tie that ends up strangling the woman. She ends up losing it anyway, and she has given up her retirement money. I ask women to just think a little bigger." Smith agrees: "Sell the house and take what you make and put it into something where you know that you're able to pay your expenses and have a cushion, especially in an economy where we have no clue what's going to happen." 6. Change those beneficiaries. 7. Reclaim your name. Don't forget to register your name change (and adjust your withholding if needed) on your W-4 and other tax forms and with the Social Security Administration. A mix-up could cause you to lose valuable Social Security credits for your work, and you may have to show proof of both names when applying for benefits. 8. Check your retirement. 9. Guard your health coverage. 10. Dust yourself off and start living. If you receive a lump-sum payout, don't splurge for revenge or because you feel you deserve it. There is a wealth of financial planning help online. Bankrate.com is a great place to begin and, when you're ready, consider hiring a financial planner to help you sort out your newly single money situation. Financial experts recommend that you pull your credit report three months after the divorce and clean up any loose ends. Again, Bankrate has form letters to help out with this task. Most importantly, remember that living well is possible whatever your net worth or marital status. |
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