Family law attorneys can provide invaluable assistance when faced with complicated legal matters and disputes that need resolution quickly and amicably without going to trial. Mediation services also exist so as to facilitate quicker resolution without going the legal route.
F: If the state’s interest in counseling individuals about support obligations and protecting children are sufficiently paramount, imposing such obligations shouldn’t be unduly burdensome.
Child Custody
Children are at the core of most family law cases. Parents may agree on custody and visitation arrangements between themselves or with help from mediators or attorneys; failing this, courts will make their determinations.
Courts carefully weigh many different factors when making custody decisions, such as a parent’s history of involvement with their child, current relationships and ability to meet all needs. A finding of child neglect or abuse by Family Court or being charged for endangering welfare usually leads to loss of custody for that parent.
Judges often conduct interviews with children to better understand their wishes and interests, although neither parent should attempt to influence or coerce their child to favor one parent over the other. Your lawyer can assist in compiling evidence in support of your request for a custody arrangement that best serves your child’s best interests.
Child Support
Child support is a legal obligation on both parents following separation or divorce, until their children emancipate (turn 18 or graduate high school in some states). Family courts establish child support guidelines which take into account each parent’s income as well as factors like daycare costs, medical bills and extracurricular activities costs.
When filing a child support case in New York, a custodial parent serves (delivers) a summons with an order requesting they attend a hearing before a Support Magistrate. Ideally this hearing would take place in their county; however if both parties live in different regions it may need to take place over videoconference.
Pro Se parties who appear before New York Family Court proceedings often choose not to have legal representation and instead represent themselves without legal aid, known as Pro Se.
Alimony
Divorcing couples must negotiate not only child custody and support arrangements but also spousal support arrangements (commonly known as “alimony”).
Spousal support aims to give payee spouse time and resources to become financially independent, while providing their partner a reasonable standard of living. Alimony decisions are determined by weighing several factors including duration of marriage, current income levels for both spouses, as well as any future potential earning opportunities they might possess.
Alimony may only be needed temporarily. When divorcing or separating, a court can order pendente lite payments during divorce proceedings in order to maintain both parties’ standard of living during proceedings. After divorce proceedings have concluded, judges can order either permanent alimony awards or rehabilitative payments designed to help lower-earning spouses acquire skills and credentials that could increase employment possibilities – permanent awards generally last no more than 20 years, while rehabilitative awards could last as long as necessary to gain their respective degrees or certificates.
