On Behalf of Claudio & Associates, Attorneys at Law
For many years, there has been a law in place to send noncustodial parents who do not pay their court-mandated child support payments to jail. However, New York could soon end the practice of sending these parents to jail. . The proposal, first introduced in the state legislature last year, would mean courts will no longer be able to put the parent on probation or in jail because of nonpayment of child support.
The people who were involved with writing the proposal said they feel that punishing the noncustodial parent for not paying child support is counterproductive. If anything, proponents say, being in jail will become a greater obstacle to the parent’s ability to pay.
Child support can be a complicated and sensitive issue
If you are experiencing issues related to your child support situation, it is sensible to consult a lawyer who has experience handling child support cases. The lawyer will be able to guide you through every step of the process. You deserve to be treated sensitively and with compassion. It is also important that you become aware of all of your options so that you can intelligently choose the best possible option in your particular situation.
Another issue that you will not want to overlook is how child support issues affect the child and the custodial parent. You will want to do what is best and what is in the best interest of the child. The ultimate goal is for everyone in the family to get along and to make sound decisions that make sense and that do not cause dissention.
The consequences of not paying child support
All of the states have statutes that address a noncustodial parent’s failure to pay child support. There will always be a consequence but the court will decide the actual consequences on a case-by-case basis.
If you are falling behind in your child support payments, you could soon face severe debt problems and legal difficulties. A lawyer can help explain your options for modifying your child support order until you can get your finances under better control.
Tips to improve your co-parenting relationship
On Behalf of Claudio & Associates, Attorneys at Law
You might think that your child custody issues are over once you have an order specifying what legal and physical custody will look like and how visitation with the non-custodial parent will play out. But the truth of the matter is that child custody and visitation disputes arise all the time, primarily when co-parenting techniques fail.
Ways to build a stronger co-parenting relationship
As stressful as that can be, you can take steps to try to reduce the conflict in your co-parenting relationship, which could minimize the risk that you’ll find yourself in court battling over custody and visitation issues. Here are a few things you can consider in that regard:
- Refrain from talking negatively about your child’s other parent to the child
- Couch all conversations with the other parent in what is best for the child, thereby ensuring that all conversations are child-focused
- Don’t use your child as a messenger
- Try to remain professional in your tone and don’t come across as aggressive or accusatory if you can avoid doing so
- Listen to what your child’s other parent has to say
- Make requests instead of demands, thereby setting a more collaborative tone
- Try to maintain some consistency for your child between households
- Include your child’s other parent in all important decisions regarding the child
- Be respectful and willing to compromise on difficult issues
Successful co-parenting isn’t just about making life easier for you. It’s also about ensuring that your child gets the best from both parents. This can provide more emotional and mental stability, and better provide your child with a happy and healthy life. Therefore, we encourage you to try utilizing the tips mentioned above if you’re not already. If those don’t work or your child’s other parent is unwilling to cooperate, then you may need to consider alternatives, including legal action.
Six ways to build your parental alienation case
On Behalf of Claudio & Associates, Attorneys at Law
Parental alienation, the process by which one parent manipulates a child in hopes of distancing that child from his or her other parent, can be extraordinarily damaging. While it can certainly affect your relationship with your child, it can also cause significant mental harm to your kid. That’s why some experts consider parental alienation to be a form of child abuse.
Proving parental alienation
If you believe that your child is being subjected to parental alienation, then you need to take action to stop it. This may mean filing for a child custody modification, which is going to require you to present sufficient evidence to justify your position.
But how do you go about proving parental alienation? The following steps may help provide some guidance.
- Record every time your child says something negative about you, making sure that you notate when the statement was made, what was said, and the context surrounding the statement.
- Take note of how your child’s other parent responds to allegations of alienation or simply how your child has been responding to you.
- Monitor and preserve records from social media that show that you have a bond with your child as well as those that may show that your child’s other parent is engaging in manipulative behavior.
- Consider deposing your child’s other parent to lock him or her into a story that you can then later attack.
- Secure witnesses who can support your position, whether they be family members, friends, teachers, mental health professionals, a guardian ad litem, or a child custody evaluator.
- Seek an evaluation from a mental health or child custody professional.
Be prepared to fight for your child
Child custody disputes can get ugly, especially when one side tries to use the child like a pawn to get what they want. But you shouldn’t be discouraged by the disagreements that could be awaiting you. Instead, you should keep in mind that you’re fighting for your child’s best interests, which should be motivation enough to put in the work necessary to build a compelling case for custody modification.
On Behalf of Claudio & Associates, Attorneys at Law
The consequences of ending a marriage or relationship may last afterwards if there is an unfair property and debt division order. Take these precautions before undergoing the legal process of ending a marriage or relationship.
Property
In a divorce or legal separation, a party may be entitled to property bought or obtained during the marriage or relationship. Vehicles, the house, and furniture are the most obvious property which is readily purchased or sold. Other property, however, may hold value such as:
- Patents.
- Businesses.
- Life insurance having cash value.
- 401k plans.
- Pensions.
- Security deposits.
- Bank accounts.
- Cash.
The parties can negotiate property division of these and other assets. A court will have to adopt any agreement and place it in an order.
Separate assets
Separate property are assets that a person owned before starting the relationship. Cars, homes, and inheritances owned or were owed before usually remain that person’s property when the relationship ends.
Some property obtained during marriage, such an inheritance, may not be allocated as marital property.
Marital property
Marital property acquired during their relationship may be divided. Division must be fair but not necessarily equal. This property usually includes:
- Real property acquired during the relationship expect for contributions of a person’s separate property to the purchase.
- Cars, boats, airplanes, furniture, artwork, and other personal property bought during the relationship.
- Cash, securities, bank and retirement accounts, and pensions obtained during the relationship.
- Gifts to each other.
- Advanced degrees and licenses to engage in specialized businesses obtained during the relationship.
Debt
Couples share the responsibility for debt regardless of the name placed on the debt. Each party is usually liable for credit card. As soon as possible, credit card debt should be reduced, and joint accounts ended. A party should then obtain a card under their own name.
Mortgages are usually the responsibility of both parties. A partner may try to buy out the other party’s interest, refinance the mortgage and assume responsibility for the property’s upkeep. This is often difficult, however, for a person whose income may be reduced after the relationship ends. The couple can also sell off the house and divide the sales mortgage.
Attorneys can provide options that meet a person’s needs. They can also protect interests in settlement negotiations and legal proceedings.
Fighting for father’s rights in New York
On Behalf of Claudio & Associates, Attorneys at Law
Divorce is difficult for everyone involved. In child custody matters, while the court focuses primarily on what is in the best interest of the child, sometimes the basis for arriving at that decision is a presumption of which gender is inherently better at caregiving. The effect that this perceived bias has on fathers often makes them less likely to fight for full or equal custody.
In recent years, many states have enacted laws that adopt a presumption of joint custody that will allow the judge to make such decisions either where the parents cannot agree, or where both parents agree to a co-parenting arrangement. In New York, however, although many recent bills have proposed laws that promote shared parenting, none have passed.
A report from the National Parents Organization rated a third of states with a D+ or worse for having legislation outlining provisions for equal parenting time after divorce or separation. Along with Rhode Island, New York was at the bottom with an F rating, with no language in current statutes for shared parenting.
The Fathers’ Rights movement
The social movement advocating for more fathers’ rights in family law began in the 1960’s, as increasing divorce rates highlighted the legal presumption that maternal custody was always in the best interest of the child.
Some of the chief concerns of supporters are that this presumption makes it almost impossible for fathers to have a fair shot at becoming a custodial parent or co-parenting, and allegations of abuse, especially when if they are false, tip the scales against them too often. Advocates seek to change the social dialogue and influence legislation by addressing several issues:
- Increased parenting time for fathers as a rebuttal presumption to automatic sole custody decisions
- Penalties for one parent’s interference with the court-approved parenting time of the other parent
- Expanding paternity leave rights
- Changing child support guidelines that are arbitrary, implicitly give financial incentives to a parent seeking sole custody, or do not acknowledge nonfinancial forms of support or expenses that are in addition to the monthly support payments
If a father wishes to maintain or have more time with his children after divorce, it is important to advocate for those rights before a judge. Finding out how may be the next important step for residents of Orange County who are fighting for fair treatment under the law.
Planning for life after divorce
On Behalf of Claudio & Associates, Attorneys at Law
The stress of divorce comes not only from the emotional pain that everyone involved is in, but also the anxiety about how to provide for yourself and any dependent children once the divorce is over. Realistically speaking, property division can peel off half the financial assets of each spouse, and if one spouse is responsible for child or spousal support, it can cut into their future earning and saving potential.
Without a doubt, the standard of living of both ex-spouses goes down during and after the split. Even with a steady income, expenses go up to maintain two households, and any plans of building up a nest egg for future retirement may halt. It is important when thinking about divorce to also assess the financial implications, and to plan ahead before you take action.
Property division in New York
When couples in Orange County are preparing an inventory of property, they can expect a judge to look at anything that either spouse has accumulated during the marriage, whether it is the family or vacation home, real estate, investments, stocks and bonds, or cash and bank accounts, as well as any accumulated debt, when deciding on the equitable division of marital property.
There are factors the judge will take into account when ruling on the distribution of property, including:
- Age and health of each spouse
- Domestic requirements of each spouse
- If one spouse will provide alimony or child support
- Future financial needs of either spouse
Splitting assets and debt
It is important not to overlook accumulated debt or tax implications when negotiating the divorce settlement. The two sides should discuss paying off credit card debt, car loans, and the selling or division of vacation properties or rental and business interests. When deciding whether to sell the house, they should discuss selling and splitting the proceeds or paying off the mortgage and any other joint debt.
When splitting combined assets, it is important to think about tax implications that may negatively affect one spouse. Not all of these assets will divide out equally.
For example, if they split two assets of equal value, such as a retirement account and a money-market account, retirement will reduce the value of the first spouse’s asset as they will have to pay taxes on its distributions. And taking cash out of a 401K and giving it to the other spouse can result in an automatic withholding of 20%, plus a 10% penalty if the other spouse is under 60.
On Behalf of Claudio & Associates, Attorneys at Law
In New York, people who are struggling in their marriage might not want to immediately move forward with a divorce. Often, they try to live apart before making the final decision as to whether the marriage can be salvaged. For some, the time apart if effective and they reconcile. In other situations, they will decide to take the next step and divorce.
A legal separation is useful in that it will detail how various family law concerns are handled. That includes spousal maintenance, child support, visitation and property. There is a difference between the details of the legal separation and an outright divorce, so it is important to understand the law.
Key factors in divorcing after a legal separation
There are seven grounds for divorce in New York. Among the basics are the marriage being irretrievably broken, adultery, abandonment and abuse. Included in the grounds is a divorce after a legal separation. To have a legal separation the parties will have an agreement.
When pursuing a divorce after a legal separation, they can do so after having lived apart for a minimum of one year. The parties must show that they adhered to the separation agreement for this to be the grounds for divorce.
In some instances, the couple decides that the marriage cannot be saved before the year has elapsed. They can still get a divorce, but other grounds will need to be cited. In general, the easiest way to get a divorce is to simply say that the marriage is irretrievably broken.
Even if the agreements from the legal separation were followed and there were no problems during that time, the divorce decree will need to address support, custody, visitation and property division. Couples might accept the terms of the separation agreement for the divorce. They could be able to negotiate and settle the case without rancor with minimal changes to the separation agreement. If there is acrimony, then it might need to go to court for significant modifications.
With a divorce after a legal separation, having assistance can be crucial
People are frequently under the mistaken impression that getting divorced after a legal separation is simply a matter of making the agreement permanent. That can be done. However, there could be lingering factors that must be addressed.
The sides might not be satisfied with the terms of the legal separation and do not want them made permanent. Regardless of the individual challenges, it is beneficial to have guidance throughout the process to be fully protected.
How to calculate child support in New York
On Behalf of Claudio & Associates, Attorneys at Law
Parents in New York need to provide for their children as they raise them. This includes providing the basics such as food, clothing and shelter, but there are many other expenses that parents pay for their children. Parents pay for health insurance and other medical expenses. When their children are younger, they may need to pay for child-care. There are also costs for extracurricular activities, entertainment and many other expenses.
Parents need to pay these expenses whether they are married or not as well. How parents pay for their children’s needs may change after a divorce though. The children may reside with one parent more than the other after the divorce. It can be easy to just have the parent who has the children provide for their financial needs as well. However, it is important that both parents continue to provide for their children financially even if they do not have them in their care as much.
To ensure that both parents are contributing financially, there may be an order in place ordering one parent to pay the other child support. The amount that parents pay depends on a couple different factors. The main factor is the income of each parent which is combined for child support purposes.
The combined income is then multiplied by a percentage. If the parents have one child it is 17%, for two it is 25%, for three it is 29%, for four it is 31% and 35% for parents with five or more children. That number is then divided between the parties pursuant to the percentage of the total income each spouse earns. That amount is what one parent will pay to the other for basic support. Child support obligations can also include amounts for health insurance and child-care.
There are many parents in New York who are divorced or no longer in a relationship with the other parent. In these situations, parents will need to determine child support as they move forward. Experienced attorneys understand child support calculations and may be able to guide one through the process.
New York’s best interests of the child standard
On Behalf of Claudio & Associates, Attorneys at Law
A child custody dispute can leave your nerves frayed, which is completely understandable. After all, the outcome of one of these disagreements can shape your relationship with your child for years to come. That’s why it’s imperative that you do everything you can to present strong legal arguments when litigating a child custody issue, which means having a firm understanding of how the law assesses the child’s best interests.
The best interests determination
Before issuing a child custody determination, a court will be tasked with assessing what sort of arrangement is in the child’s best interests. This is a holistic analysis, and one which considers a whole host of factors. Each of the following can be taken into consideration by the court:
- Each parent’s financial stability
- The physical and mental health of each parent
- The child’s specific needs
- The child’s preferences, if he or she is old enough
- Any history of parental substance abuse
- Any history of domestic violence
- The bond between the child and each parent
- The educational opportunities the child will receive with each parent
- Each parent’s parenting skills
These are just a few of the factors that can be taken into account, as the court is generally able to assess whatever characteristics it deems relevant to its determination.
What the best interests determination means for you
The focus in a child custody dispute is on the child. Therefore, you have to build your arguments based on what is best for your child. While that means showing how you best support your child’s best interests, it also means demonstrating how your child’s other parent’s proposed plan is less suitable.
You might have a lot of evidence to address these issues, which can make the matter rather complicated. That’s why it might be best for you to work closely with a skilled family law advocate who can help you develop the strategy that you need to protect your child and your relationship with him or her.
On Behalf of Claudio & Associates, Attorneys at Law
There are a variety of reasons why a married couple in New York would choose to legally separate rather than divorce. They may have religious or cultural beliefs that prohibit divorce, but they no longer want to stay in an unhappy marriage. Or they may feel like they just need some cooling time apart to decide whether divorce is right for them. When this happens, a couple can enter into a separation agreement that will spell out their rights and obligations while they are separated but not divorced.
What is a separation agreement?
A separation agreement is not issued by a court. Rather, it is a document voluntarily written and signed by the parties. A separation agreement gives couples the ability to spend time apart without having to go through the formal divorce process, which they may not be ready to do. It gives couples time to work out their issues. Separation agreements can address child support, alimony, child custody and property division. It can outline the rights and obligations of both parties both while separated and after if they decide to divorce.
When can a spouse challenge a separation agreement?
Although separation agreements are presumed to be valid, they may be contested under certain circumstances. First, each party to a separation agreement must have their own attorney. Second, both parties to a separation agreement must be completely honest about their assets. Third, a separation agreement cannot be signed under coercion or duress. Finally, separation agreements cannot be unfair or inequitable.
Learn more about separation agreements
Separation agreements can be useful for couples who want some time apart but do not necessarily want to divorce. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on family law may be a useful resource for those who want to learn more about this topic.
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