Frequently Asked Questions

What is a statement of net worth (SNW)? What is a financial disclosure affidavit (FDA)? What is an income and expense statement?

These documents are the financial cornerstones of your action. The statement of net worth is completed in divorce actions. The financial disclosure affidavit and income and expense statements are completed in family court actions. These documents itemize your income, liabilities, assets and expenses. 

What is a preliminary conference?

The preliminary conference is your first appearance in your divorce action. At this appearance, you should have your statement of net worth completed. You will also complete a preliminary conference order. The court typically tries to get an understanding of your case at this court appearance. 

How long will it take the court to sign my judgment in an uncontested divorce action?

You can call the courthouse and ask. You can also look on e-courts to see if the judgment has been signed. The answer varies from courthouse to courthouse. 

What should I wear to court?

A safe bet is business casual. 

What is equitable distribution?

Equitable Distribution is the division of assets and debts. To figure out equitable distribution, you need to identify every asset and debt acquired during the marriage. You may also need to look at assets and debts acquired before the marriage.  

How much will I have to pay in child support?

There are a few ways to figure out your child support obligation. You can use a child support calculator, refer to the child support standards chart or estimate your child support income by multiplying your income by 17% for one child or 25% for two children. For a more accurate estimate, deduct your social security taxes, Medicare taxes and NYC/Yonkers taxes (and spousal support obligation, if any) from your gross income and then multiply by 17% for one child or 25% for two children. This answer assumes that you are paying child support and spousal support. 

How much MONEY will I have to pay in spousal support (alimony or maintenance)? How much maintenance will I receive?

Like child support, there is a formula for calculating a spousal support obligation. I recommend that you use a spousal support calculator to run the calculations. When you run the calculations, keep in mind that the support formula is a guidelines amount. Also, keep in mind that the amount of the support award may need to be adjusted for income tax purposes.   

When can I stop paying child support? 

Assuming that you do not have a settlement agreement, you can stop paying child support when your child is emancipated. A child is typically emancipated at 18 years old if self-supporting (I have yet to see this happen), the child enters the military, the child marries or the child turns 21 years old. 

Do I have to pay child support even if I can't see the kids?

Probably, yes. However, if the child refuses to see you or the custodial parent will not let you see the child, then you can ask the court to stop your child support obligation. This is very difficult to prove since you need to show the court that you attempted to have a relationship with the child and you don't have a relationship with the child because of the child or the custodial parent. Again, you must make every effort to have a relationship to win on this claim. 

What if the mother or father won't let me see the kids? 

Try to resolve this issue through attorneys or mediators. If that does not work, you may need to go to court. For this very reason, the court will issue orders that allow the non-custodial parent to see his or her child. 

What if the mother or father won't come see the kids?

Try to resolve the issue through mediation or attorneys. If that does not work, ask the non-custodial parent to pay more child support since he or she is not exercising parenting time. For the non-custodial parent, parenting time is a right that the non-custodial does not have to exercise.