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2014 Changes in New York State Divorce Laws

2014 Changes in New York State Divorce Laws

divorce and family attorney in New York State2014 ushered in several changes to laws in New York State regarding divorce, custody, and maintenance issues. These changes pertaining to family law are primarily intended to support families that are transitioning from marriage to divorce and ensure that the monetary guidelines related to support keep up with the changing financial times. In one of the cases, changes pertained to temporary maintenance, which as many already know, can ultimately affect the permanent arrangement and should be treated as a permanent scenario if any negotiations or requests are made.

Two of the most important changes to the Child Support Standards Act and Temporary Maintenance Guidelines adjusted the caps by about 3-5%. The Combined Parental Income Cap under the Child Support Standards Act has been adjusted from $136,000 to $141,000. The Income Cap under the Temporary Maintenance Guidelines has been adjusted from $524,000 to $543,000.

There is information, forms, and calculators available online if you want to see how these adjustments might affect your situation. Also of note is that the changes are required by statute. The statutes (Social Services Law §111-I for the CSSA and D.R.L. § 236 Part B (5-a) for the Temporary Maintenance Guidelines) require adjustment of the cap on January 31, 2012 and on January 31st every other year thereafter pursuant to CPI-U increases published by the Department of Labor.

In addition to changes made to the financial aspects of child support and maintenance, changes were also made to the UD-11 Judgment of Divorce to eliminate the requirement that, where orders relating to custody, visitation, maintenance, and child support are being continued, a copy of the Judgment of Divorce must be filed with the Family Court within 10 days of entry. This was done to streamline the process and avoid time lags when it comes to issues related to custody, visitation, and other aspects of child care during divorce.

Not sure how these changes impact your situation? Then call us for a consultation. We’d be happy to help.

source: http://www.nycourts.gov/divorce/legislationandcourtrules.shtml