Family Law

Divorce/separation:  When a couple separate or files for divorce, they should contact an experienced attorney.  This is especially important since while they are separated, or the matter is pending for divorce, various issues must be temporarily resolved, including, but not limited to, custody, visitation, maintenance (alimony), and child support.  In New York, all property acquired during the marriage must be equitably, not necessarily equally, distributed between the spouses, as well as a determination must be made as to whether any of the property is the separate property of one of the spouses.  As you can see, these are all important issues, which require that you select an experienced attorney. 

                Custody:  The courts are primarily concerned with the health, safety, and welfare of the children.  As parents, these should be your concern as well.  Many courts have begun to recognize that children should have their say in custody and divorce hearings.  The reason?  Mental and physical problems resulting from fights over custody and divorce are taking their toll on children.  If you are fighting for custody of your child, contact an experienced attorney.  Legally, a judge must determine custody according to the child's best interest.  Some factors examined when determining the best interest of the child includes the parent's financial circumstances, each of the parent's emotional and mental stability, the parent's past interaction with the children as to their everyday needs, as well as numerous other factors that should be discussed with an experienced attorney. 

                Child Support:  New York State has adopted the Child Support Standards Act, which sets forth a formula upon which child support is calculated.  In addition, the courts, after they decide the current care support for a child, must determine such issues as health insurance and its payment, the payment of uninsured health costs, the payment of day care/child care expenses, and issues relating to the child's attendance at a private or religious school.  These considerations require that you contact an experienced attorney and consult with that attorney regarding not only the above matters, but also to acquire an understanding of your and your child's rights and whether or not your particular factual situation may require a deviation from the Child Support Standards Act formula.