Frequently Asked Questions
The Syracuse Law Office of Richard J. Bombardo, P.C. concentrates on all aspects of matrimonial and family law cases throughout Central New York, including Onondaga, Cayuga, Madison, and Oswego counties. The firm wishes to help clients by providing answers to common legal questions they may have about divorce and family law.
Child support
- Until what age is child support required to be paid in New York State?
- How is child support calculated?
Divorce
- Does New York State allow a divorce for irreconcilable differences?
- How is property divided in a divorce?
Separation
Child custody
Alimony
Providing skilled legal counsel and attentive client service
Contact the Law Office of Richard Bombardo, PC at 315-488-5544 for a free consultation. In-office and telephone consultations are available Monday through Friday during normal business hours and by appointment after hours and weekends. You can also contact the firm online by submitting the intake form on this website. Flexible payment options are available for clients who meet certain criteria.
Until what age is child support required to be paid in New York State?
Until the child reaches the age of 21.
How is child support calculated?
In most cases child support is calculated using the guidelines set forth in New York's Child Support Standards Act. Support is calculated by taking a percentage of the combined income of both parents based on the number of children. The computation is based on the income of both parents— whether married or unmarried.—if both are working. More information on child support in New York state can be found at the following links:
Does New York State allow a divorce for irreconcilable differences?
Yes. On August 15, 2010, Governor David Paterson signed no-fault divorce into law in New York. The law went into effect in October 2010, making New York the last state in the country to adopt a no-fault divorce policy. Until 2010, New York recognized divorces only upon fault-based criteria, As part of this new law," irreconcilable differences" can now serve as grounds for divorce. It is necessary to state that the marriage has been irretrievably broken for a period of greater than six months, but there is no need to assign blame to either party.
How is property divided in a divorce?
The court divides property according to "equitable distribution." This can only occur if the parties are actually granted a divorce; it cannot be done in a legal separation. Property is divided into two categories: marital and separate property, which are treated differently. Both real and personal property are divided. Personal property is divided by agreement of the parties and not of the court. Significant personal property, such as retirement, pensions, 401 (k)'s, and assets of significant value are addressed by the court.
Yes, you may file for legal separation. A legal separation does not dissolve the marriage, but seeks to establish a judgment of separation which may address issues such as child custody, child support and maintenance. Unlike a divorce action the parties remain married, and the court may not distribute marital property.
What does child custody actually consist of?
There are two types of custody—physical custody and legal custody. Physical custody determines who the child actually lives with and where the child goes to school. Physical custody is usually granted to one parent. The parent with physical custody is called the custodial parent. Legal custody refers to is decision-making authority, including the authority to make religious, educational, and medical decisions affecting the child. In most cases, legal custody is shared.
Can I obtain alimony in New York State if I am married?
Yes, although it is known as "maintenance" rather than alimony. The maintenance is usually of limited duration to allow the recipient spouse to become self-supporting. In long-term marriages the court has the authority to award maintenance until the death or remarriage of the recipient spouse in limited circumstances.
