Why are the New York maintenance (alimony) and child support guidelines of the State of New York a divorce mediator’s best friend?
The New York State legislature created the maintenance and child support guidelines in order to make the amounts of support more uniform throughout New York State. This is a very good thing for a divorcing couple, their children, and society.
Many of my divorce lawyer colleagues are critical of these support guidelines. At a cocktail party they might tell me that such guidelines result in simple minded calculations that are unjust or unfair to one or both parties. The real reason they are so critical is that the guidelines help reduce divorce litigation and attorneys’ fees.
Another very good thing about the support guidelines is that in order to make a binding maintenance and child support agreement in New York, the guidelines calculations must be set forth in the agreement. Then the parties agree to either follow the guidelines calculations, or deviate from them, and if so, state the reasons for such deviation. This makes the divorcing couple think twice about agreeing to such a deviation.
My goal as a New York divorce mediator or collaborative divorce lawyer is to help […]