During the divorce both spouses have to tell the judge about their income and any debts they owe. When the court grants a divorce, property will be divided equitably (though not always equally) between the spouses.

When determining custody and visitation, a judge will consider what is in the best interests of the child(ren). Some factors a judge may consider include:
● Who has been the child’s primary caretaker
● The quality of each parent’s home environment
● How “fit” the judge thinks each parent is (stable home and lifestyle, good judgment, has a job, good mental and physical health)
● Which parent the child is living with now, and for how long
● Each parent’s ability to provide emotional and intellectual support for the child
● Which parent allows the other parent into the child’s life (does not try to cut out the other parent)
● If the child is old enough, which parent the child wants to live with
● Whether your child would be separated from any siblings
● Whether either parent has been abusive

A judge must consider whether there has been domestic violence.

New York law says that children are entitled to share in the income and standard of living of both parents. Child support is the money that the non-custodial parent pays to the custodial parent if the child is under 21. Child support is based on a strict formula. See the Child Support Standards Chart. Child support may be awarded by the Supreme Court as part of a divorce, or in Family Court as part of a child support proceeding.

First, the court determines each parent’s net income. Net income is gross income minus certain deductions, such as FICA, NYC income tax, Yonkers income tax, spousal support and child support paid for other child(ren). Second, the court adds the parents’ net income together and multiplies that number by a percentage, depending on how many children they have:

17% for one child
25% for two children
29% for three children
31% for four children
no less than 35% for five or more children
That amount is then divided based on the proportion of each parent’s net income to the combined parental net income. In addition to the basic child support obligation, a spouse may also be required to pay for child care expenses, educational expenses and medical expenses.

Custody has two parts: legal and physical. Legal custody: the right to make major decisions about your child. This includes where your child goes to school, what kind of religious training a child receives, whether your child gets surgery. Physical custody: who the child lives with on a day-to-day basis. A parent with primary physical custody is sometimes called the “custodial parent” or the child’s “primary caretaker”.