Knowledgeable Family Attorney Providing Compassionate Legal Support to Clients in New York
How a NY family law attorney can help you
When it comes to matters of marriage and family, it’s easy to let our emotions get the best of us. But emotions can also be the enemy when you’re trying to resolve legal disputes with an ex. At Damm Law, our attorneys understand that despite the delicate issues at hand, clients don’t need to bear the burden alone. Providing unwavering support throughout divorce and other family legal proceedings, we work to minimize the strain and turmoil our clients and their families feel while allowing them to focus on what’s most important.
Divorce
Deciding to end a marriage is never easy. But some divorces can go more smoothly than others. Obviously, there are many issues to address in a divorce, such as dividing your assets, paying off debts, how you’ll parent and support your children, and receive or provide support. In New York, if you and your spouse can agree on how to resolve all of these issues, you can obtain an uncontested divorce easily—simply by drafting an agreement that outlines your plans and submitting it to the courts for review and approval, together with the other court related paperwork.
More often, divorces are contested. This means that you and your spouse disagree, at least initially, about how one or more of the issues should be resolved. Contested divorces may go through multiple rounds of negotiation, sometimes with an unbiased mediator present, until all matters are resolved. If any unresolvable issues linger after negotiation and mediation, you may have to bring those matters to trial, where a judge will hear your case and rule on the issues. As your attorney, I protect your interests and your wishes throughout all phases of divorce, until you make it to the other side.
Child custody
Custody and visitation of children, sometimes known as a parenting plan, can be an understandably contentious issue. In New York, neither parent is legally presumed more entitled to parenting privileges than the other. In fact, it is generally considered in a child’s best interest to share time between their parents as evenly as possible. Of course, that is not always the most practical outcome.
When we refer to child custody, we may be speaking about either of two concepts:
- Physical versus legal custody – Physical and legal custody are the two aspects of custody that parents may dispute over. Physical custody refers to the physical location of a child—whichever parent he or she is with on a given day or time has the rights and responsibilities to make everyday decisions for the child, such as what to eat, what to wear, how to spend the day, etc. Legal custody, on the other hand, refers to the rights and responsibilities of making bigger picture decisions for the child—where to go to school, what religion to practice, what to do in a medical emergency, and more. Depending on the circumstances, one parent may maintain legal custody while both share physical custody.
- Sole versus joint custody – Sole or joint custody are the types of arrangements that parents may opt for. Joint custody means that parents share major decision-making responsibilities, while sole custody designates one parent as the decision-maker, while the other’s physical time with the children is referred to as parenting time or visitation.
Child custody arrangements depend largely on what makes practical sense for the family. Sometimes one parent is more available or more equipped to have sole or majority physical custody, but both parents agree that bigger picture decisions/legal custody should be shared. When parents cannot agree on an arrangement that satisfies both their needs, the courts will determine custody and parenting time.
Child support
Child support is the concept that parents are responsible for financially providing for their children, at least as long as they are minors.
In New York, child support is usually determined in accordance with the Child Support Standards Act.
Generally, the spouse with whom the children spend the majority of the time will be designated as the “custodial” parent and will receive child support from the other parent who is designated as the “non-custodial” parent. In cases where the parents share time with the children is on an equal basis, the spouse with the higher income will pay child support to the other spouse. The non-custodial parent’s child support obligation is based on a percentage of income. The percentage varies from 17% for one child up to 35% for five or more children.
Parents who owe overdue child support payments can be held accountable in a number of ways. At Damm Law, our attorneys use legal tools to help clients obtain the support payments they are owed. Additionally, we work with clients to modify support orders when their or their child’s circumstances change significantly.
Consult a trustworthy NY family law lawyer for help with your divorce, child custody, or child support
When you are facing a family legal matter, you need an experienced and capable attorney by your side who’s looking out for your interests. The skilled professionals at Damm Law are up to the task and eager to assist you. To learn more about our services, call (516) 248-0800 today or contact our firm online.