Tag Archives: family lawyer

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.

 

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?