How does Separation and Child Support work?

Sep 30, 2020

When a couple decides to separate, they have to figure out how to still manage aspects of the marriage that they share. In addition to assets and debt, this includes children and how they will be supported. Once a separation takes place, the couple has to decide how the financial obligations will be met so that the children are properly cared for. As you work on the terms of the separation with a family lawyer Brooklyn, it is important to bring up child support, too. Before a child support order is finalized, there are a number of factors the court will consider to determine who will pay and how much.

Separation and Child Support

Separation occurs when a couple chooses to live apart as they are waiting for the divorce to be finalized. There are different types depending on the situation.

  • A trial separation is used when the couple needs time apart to decide if they want to divorce or try to make the marriage work.
  • A permanent separation is one where the couple does not intend on reconciling and are planning to divorce.
  • A legal separation states that the couple is separated but not divorced. They live separately, have their assets divided, but are not able to remarry.

Child support is financial support to take care of the basic needs of the child such as food, shelter, and clothing.

In most cases, the couple will work with a Brooklyn family lawyer to create a plan for child support during the separation. A Brooklyn separation attorney can help draft an agreement that they can ensure follows the rules regarding child support laws. Once taken to the court, the judge will consider the income of both parents, who has visitation, and the child’s needs to determine how much should be paid each month.

A Brooklyn child support attorney at the Levitsky Law Firm can assist you with your child support agreement. Contact us for more information.