Tag Archives: Best Syracuse Lawyers

What is the Divorce Process Like in New York?

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What is the divorce process like in NY?

Some divorces are simple and can be handled with a minimum amount of court involvement.  However, most divorces are complex and involve many issues.  The following is a basic outline of the divorce process…

Your lawyer will prepare a complaint setting forth the reasons for the divorce.  The complaint is filed with the court and served on the other spouse.  The parties, through their attorneys, engage in a period of “discovery,” during which they exchange all documents and other information relevant to deciding the issues in the divorce such as property division, spousal support, and child support.  During this process, the parties may reach a settlement with regard to all of the issues in a divorce.  If a settlement is reached, an agreement is submitted to the court.  If the judge approves the agreement, the court issues a divorce decree that includes the terms to which the parties agreed.  If the court does not approve the parties’ agreement, or if there has been no agreement, the case will go to trial.  At trial, the attorneys present the evidence and arguments for both sides, and the court decides the issues.  If no agreement was reached and the case proceeds to trial, the parties can appeal the court’s decision to a higher court.

Divorce is a complicated process.  Our trial experienced Family Law attorneys at Weisberg & Zukher will take the time to talk with you to ensure that you understand all of the factors involved in your divorce, and work with you individually to prepare a sound legal strategy to ensure the best result possible in your case. For more information on how we can help Contact us by using the link or by phone at 315-701-2939.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

Men as Victims of Domestic Violence

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Men Domestic Violence Victims

Another thought-provoking question from the Krock family of listeners. A gentleman called the show on Tuesday, with this dilemma: His girlfriend who was a relatively reasonable person by day, was not as much when adding alcohol. On occasions after drinking, she would become extremely aggressive; often times throwing things, breaking dishes, pushing him, kicking him etc… When attempting to leave the apartment, she would block the door telling him that there was nothing he could do, and that if he left she would call the police and have him arrested for hitting her (even though he hadn’t) because he was the man and they would believe her. His question to our attorney was “How do I get this girl to chill out, and stop physically assaulting me without getting myself arrested?”

No one, man or woman should be subject to domestic violence. Many men are afraid to come forward or ask for help through community agencies or police intervention for fear that they will be seen as the aggressor, risk their freedom and maybe be removed from the home where there may be children involved. Often times men also have a sense of shame that they are being “beat up by a woman”.

For these reasons, it’s especially important that men do involve the authorities before a situation escalates or becomes violent if possible. For the man to be the one that calls the authorities and explain that he is trying to leave the home, that he is being assaulted, prevented from leaving, and does not want to use any type of force will help to accurately describe and document the situation he may be in.

The same advice holds true for men as it does for women regarding having an “escape plan” in place. Have a plan of where you can go if necessary. Keep copies of important records such as medical information for yourself and your children, bank account information, and emergency phone numbers.  Don’t wait until it happens again to talk with someone. Make an appointment to get counseling for yourself, and your children if necessary-  document everything and keep your notes in a safe place with a friend, relative, or at work.  If you are injured, seek medical attention. Be honest with the physician how it happened and have it documented in case of future legal actions. Here in Syracuse, Vera House is the local agency assisting in domestic violence. More information can be found on their website here: VERA HOUSE WEBSITE. Their phone number is 315-468-3260.

Finally, talk with an attorney and understand what your rights and options are. A knowledgeable, experienced attorney can help you understand what steps may be necessary for criminal charges, child custody, divorce, or any other legal issues that may come up. If you are a woman reading this, the advice is the same. No one, man or woman should be subjected to abuse.

If you are in the CNY area and have further questions regarding a particular matter, please give us a call at 315-701-2939  CONTACT OUR OFFICE ONLINE.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

What is a Family Court Order of Protection?

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 What is involved in a family court order of protection or a family  court offense petition?

In order to obtain an order of protection from family court you must state that a “family offense” occurred. Many actions can be considered family offenses, such as when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you or your children.  The following things can be covered by a family court order of protection:

1) Full stay away (Commonly known as a Class A Order of Protection) The court can order the order the offender to stay away from you or your children entirely. This includes staying away from you at all times including having no communication with you whatsoever via telephone or any other means. A full stay away order will cover your home, work, or any other other place you may go.
2) Partial order of protection (Commonly known as a Class B Order) A class B order will allow the offender to be in your presence and/or communicate with you but the offender may not annoy, alarm, harass, or hurt you in any fashion.

If a family court issues an order of protection it may require the offender to surrender any firearms he/she may have. The Sheriff’s Dept may also suspend the offenders firearms license.

If a permanent order of protection is issued by family court it may last up to five years.

If you or your family needs a family order of protection, we encourage you to seek the advice of a family law attorney who routinely handles Family Court cases in your state. It is important to seek the advice of  an attorney to properly prepare a petition for an order of protection, which  can be done quickly in an emergency. If you live in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to give us a call 315-701-2939 or CONTACT OUR OFFICE 

What Happens When a Party Fails to Pay Child Support?

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When a party fails to pay child support in New York, the custodial parent may file a “violation petition” asking the court to take action against a non-custodial parent who fails to pay a support order…

A hearing is then held to decide whether the respondent has violated the court’s order. The Support Magistrate may enforce the order by directing Support Collect Unit to take the payments directly from the non-custodial parent’s paycheck, order the non-custodial parent to pay a lump sum toward back monies owed, or take other steps to collect the money owed. A non-custodial parent who falls behind in payments also risks having his or her driver’s license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted. If the non-custodial parent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed  for up to six months for contempt of court.
If you believe you may have a case regarding child support in Central New York, either as a custodial or non-custodial parent, please give us a call or contact us via our website. Our trial experienced Family Law attorneys at Weisberg & Zukher will take the time to talk with you to ensure that you understand all of the factors involved in a parties failure to pay child support, and work with you individually to prepare a sound legal strategy to ensure the best result possible in your child support case.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

Child Support Calculated

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 How is child support calculated?

When parents live separately and one parent has custody of the child, that parent, called the “custodial parent,” may file a petition in Family Court asking the court to enter an order for the “non-custodial parent” to pay child support. A child who is not emancipated and is living away from both parents may also file a petition against his or her parents asking for an order of support to be paid to the child.

Every parent has the duty to provide his or her children with the basic necessities of life, including food, clothing and shelter. This duty usually terminates when the child in emancipated, when the child graduates from high school, when the child enters the military, or when the child marries, but the support obligation can extend beyond that point if the child is unable to support him or herself. In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be “emancipated” and the parents’ support obligation ends.

New York State has developed guidelines that help establish the amount of child support that must be paid. The guidelines are based on the parents’ incomes, expenses and the needs of the children. The guidelines calculate the child support amount as a percentage of the paying parent’s income that increases as the number of children being supported rises. However, judges may deviate from the guidelines when, for example, one party or a child has higher than average expenses. If the court determines that the paying parent is voluntarily earning less than he or she could, the judge can calculate the amount of child support based on what the payer is capable of earning.

The general factors considered by the court in issuing child support orders, include:
• The child’s standard of living before the parents’ separation or divorce;
• The paying parent’s ability to pay;
• The custodial parent’s needs and income;
• The needs of the child or children, including educational costs, daycare expenses and medical
expenses (health insurance or special health care needs).

Child support is a complicated issue. It is highly recommended that you seek the advice of a qualified attorney in your state. If you live in NY State and have additional questions about your support case, please CONTACT OUR OFFICE via our website, or give us a call at 315-701-2939. Weisberg & Zukher has been serving clients in Family Law related matters for almost 40 years. We always welcome your call. Please see related articles:

What happens if a party does not pay a child support order?

How do I get a reduction or increase in child support?

What is the Divorce Process like?

What is involved in a family court order of protection?