Documenting "child's actual needs" with reference to her prior standard of living

Asked 11 months ago - Clarence, NY

What is the best way to document "child's actual needs" with "reference to her prior standard of living" in an upward support modification case that deviates from the basic support standards? For purposes of documenting her actual needs and placing a dollar value on her standard of living, do I refer to expenses incurred prior to household dissolution, and can I refer to current expenses? How do I document her expenses and standard of living? Receipts (often unavailable)? Letters from instructors and therapists documenting dates of attendance or cost? Photographic evidence (e.g. of child at events she enjoyed)? Best way to present information: binder with all receipts, letters, photos?

Attorney answers (4)

  1. Mary Katherine Brown

    Pro

    Contributor Level 20

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    Answered . Include everything you have or can get that will show the court what her needs are now. Her prior "standard of living" isn't the same as her needs, but her needs may include aspects of her prior standard of living because she has become accustomed to a certain lifestyle and maintaining that lifestyle is in her best interests--if it is affordable. Usually, when a family splits into two separate households, it is not financially possible to maintain the same standard of living. It is still a goal, but rarely a reality. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. David Zaslavsky

    Contributor Level 18

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    Answered . You should really be doing this with an attorney. However, if you are doing this yourself, outside of your own testimony you should demonstrate through reciepts and references what the child's standard of living is.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

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    Answered . Receipts, paid bills and contracts.

    Good luck.

  4. A J. Williams

    Pro

    Contributor Level 15

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    Answered . Many of these things are not needs of the child. They are a product of your two parent home that the child is no longer enjoying.

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