New York Family Lawyer
Family law in New York covers many different topics, including divorce, spousal support, child custody, and more. The laws in New York that govern these issues are extensive and complex. Proceedings also have the potential to become emotional and contentious. If you have a legal issue, it is always recommended that you work with a family lawyer who can provide the best advice on your case. Below, our New York family lawyer provides a family law overview of the most common issues people face.
One of the most common family law issues is divorce. The end of a marriage is always an emotional time, but it can help to focus on the beginning of a happier life instead of the end of an unhappy marriage. Couples can either agree to the terms of a divorce on their own, using methods such as negotiation, mediation, or collaborative law. When couples cannot reach an agreement, the court will use many factors to decide on all issues involved in the divorce.
Spousal maintenance, also called spousal support or alimony, is sometimes awarded to a lower-earning spouse. Maintenance can help individuals pay for the cost of divorce, and it can also be extended after the divorce. There are many different types of spousal maintenance awarded during divorce, but they all include a higher-earning spouse making payments to the other party.
When a couple divorces, they live separate and apart from each other, which can make it challenging when it comes to the children. There are two types of child custody in New York: physical and legal. Physical custody refers to which parent will spend the majority of time with the children. Legal custody refers to the parent who can make important decisions on behalf of the child. The courts will typically try to award physical and legal custody equally to each parent. Even when that is not possible, the court will always make decisions depending on what is in the best interests of the child.
When one parent has primary or sole custody, they will incur more costs for childcare. To offset these costs, the non-custodial parent will be ordered to pay child support to their former spouse. The Child Support Standards Act outlines a specific formula for determining the amount of support a parent has to pay.
Divorce orders are issued depending on the current situations of each party, and these circumstances can always change. Under New York law, either party can petition the court to modify an existing order if they can show a substantial change in circumstances. Modifying any order is complex and so, it is always advised that you work with a family lawyer who can help you obtain the best outcome possible.
Our Family Lawyer in New York Can Advise On Your Case
Whatever family law issue you are facing, our New York family lawyer at Poulos LoPiccolo can help you through it. Call us today at 646-931-0011 or contact us online to schedule a consultation and to learn more about your legal options.