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?
Family Law Attorney
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: email@example.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Marriage / Prenuptials Lawyer
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 Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. I can be reached any time at 347-289-5886. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
Family Law Attorney
Receipts, paid bills and contracts.
Criminal Defense Attorney
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.