New York Divorce Issues

Issues Involving Children – There are three important issues involving children that are dealt with in a divorce or a separation:

1. Custody of child or children

A. In such situations, one parent is given custody of the child or children and the other parent is given visitation.

B. In other situations, joint custody is given to the two parents. One parent becomes the residential custodial parent and the other parent becomes the non-residential parent. In the event, custody is contested; there are many factors that are taken into consideration by the court with regard to who would receive custody. The underlying basis of awarding custody is the best interest of the child or children. If custody is in question, the court will appoint an "Attorney for the Child or Children" to represent the child or children’s interest in the custody proceeding.

2. Visitation with the children (Parenting Time)

The parent who does not have physical custody in a sole custody situation or the non-residential parent in a joint custody situation is entitled to reasonable visitation with the child or children. Usually a specific schedule s set up with regard to said visitation. The schedule takes into consideration the availability of the children and the parent’s schedules.

3. Child Support

In the state of New York, child support is paid by the non custodial parent or the non residential custodial parent to the residential custodial parent. The amount of child support is determined by a Statue called the Child Support Standards Act. The Child Support Standards Act creates an adjusted gross income formula. This Formula subtracts from the gross income FICA and NYC income tax if applicable. The formula calls for child support of 17% of the adjusted gross income for one child, 25% for two children, 29% for three children, 31% for four children or more; 35% for five or more children.

There is usually a cap of $250,000 of the amount of income that is subject to the Child Support Standards Act. Also, over and above the percentage of the non custodial parent’s income that has to be paid in child support, the non custodial parent must also pay a portion of the medical insurance, the co-insurance and the deductible for medical and dental bills, and a portion of the child care expenses. The child support payments continue until such time as the child or children are emancipated.

We Are a Firm Dedicated to Protecting Fathers’ Rights

Our experience and previous successes have given us the tools and the understanding to represent fathers facing difficult events in their lives. We deal effectively with the unique problems that fathers face in divorces, Family Court cases and Orders of Protection.

To virtually any situation, the Law Office of Elliot S. Schlissel can bring attorneys with talent and experience to our clients’ needs. We represent our clients in courts and other forums throughout Nassau County, Queens County, Suffolk County, Kings County, New York County, Richmond County, Bronx County, Westchester County & Rockland County.

Fathers Rights: A Historical Perspective

Looking at history and social norms, a child has in the past, been primarily entrusted in the care of their mother with the notion that it is in the child’s “best interests.” Traditionally speaking, the woman was considered the “homemaker” and the father “the breadwinner.” Times have changed and so have roles and expectations for both mothers and fathers. And yet, in contentious custody situations, statistics have shown the courts to be more sympathetic towards mothers, even if less capable. Fathers are instead assigned the financial responsibilities of the custody settlement, paying child support and other child-related expenses, without much actual time with their child. This has created a situation in which fathers have a reduced if not marginal role in their child’s daily life. Non-custodial fathers have had to build their relationship on court-determined visitations that are often once a week or in some cases even once a year. With father’s rights gaining more prominence, it is heartening to see that changes are slowly happening. Even though mothers are still more prone to being awarded custody of a child in a divorce or paternity case, more and more fathers are being awarded joint custody, validating the importance of father’s rights.

Contact a New York Divorce and Child Support Attorney

Contact us today to discuss your divorce or child support issue. Feel free to call toll free, any time, day or night, at 1-800-344-6431 or in Queens, Kings, New York, Richmond and the Bronx at 718-350-2802. You can also reach us in Nassau County or Suffolk County at 516-561-6645.

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