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How Child Support is Calculated in NY

In New York State, child support is governed by the Child Support Standards Act, also known as the CSSA. The CSSA is found both in Domestic Relations Law Section 240 and Family Court Act 413. In New York, parents are responsible for the support of their children until they reach the age of 21. Child support is calculated by taking the combined parental income up to $136,000, deducting FICA taxes, (Medicare and Social Security only), and multiplying it by a support percentage based on the number of children the parties have: 17% of the combined parental income for one child 25% of the combined parental income for two children 29% of the combined parental income for three children 31% of the combined parental income for

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Custody – Who Chooses the Child’s School?

In Sequeira v. Sequeira, 2013 N.Y. App. Div. Lexis 2401 (1st Dept. April, 2013) the parties’ agreement provided the parents with joint legal custody, and equal input into all major decision about the child. When a dispute later arose and the parties disagreed as to a choice of school for their child, the Supreme Court awarded the mother temporary decision-making authority as to education, notwithstanding the terms in the parties’ agreement. On appeal, the Appellate Division upheld the Supreme Court’s grant to the mother of decision-making as to education, saying it was in the best interests of the child. Michael D. Weinstein, Esq. Family Law, Divorce Attorney

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Planning for the Disabled: Supplemental Needs Trusts

Wills, Trusts and Planning for those with Special Needs WHO NEEDS A WILL? Anyone who is married, has children, and does not want their estate administered by the pre-set laws of the state. If you do not have a will, your assets will pass as dictated by law, which may not necessarily be how you want your estate administered. For example, if you are married and have children, without a will your spouse will not automatically inherit your entire estate; your spouse and children would share your assets, even if your children are minors. PLANNING FOR THOSE WITH SPECIAL NEEDS… If assets are left to a disabled beneficiary, the beneficiary could be disqualified from receiving state or federal benefits. To avoid this disqualification in the

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Health Insurance and Your Children

Extending Health Insurance for Children in New York On June 29, 2009, Governor Paterson signed legislation which allows children to remain or obtain coverage under their parents’ health insurance through age 29. Eligibility for health insurance benefits under New York’s “Age 29” law requires that the child be unmarried, not insured or eligible for health insurance through his/her own employer, and that he/she live or work in New York, (or within the health insurance company’s area of service). On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (“Affordable Care Act”). The Affordable Care Act, together with the Health Care and Education Reconciliation Act of 2010 signed into law on March 30, 2010, allow children to remain on their parents’ medical

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Think it’s easy to divide property at divorce? Think again

Some people think they can handle a divorce on their own, especially if they don’t have children (or they have grown children) and they’re not fighting bitterly. It sounds easy – you know what you and your spouse own, and you can figure out how to split it. Right? In trying to end a marriage quickly or amicably, many people make big mistakes and come to regret them later – because they overlooked assets or didn’t take the legal steps necessary to protect their interests.Be careful – it’s not always easy to know what property you’re entitled to and how to divide it. In trying to end a marriage quickly or amicably,many people make big mistakes and come to regret them later – either because

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