When an agreement is put in place, either after a divorce, separation or child support matter, it is presumed to work for your family, based on your financial and living situation at that particular moment.
However, significant changes may occur over time, like the loss of a job or a major illness, that renders the original agreement no longer viable. If this is the case in your situation please reach out for a consultation to see if a modification of the original order is something that you may be entitled to and may benefit from.
A separation agreement is entered into voluntarily, allowing the parties time to live separate and apart while sorting out emotions, finances and the future.
This agreement does not involve the judicial system and there is not the added pressure of having court deadlines to meet and mandatory court conferences to attend.
There are times when couples want to live separate and apart in order to work on the marriage or to work on how the future will look once they are divorced.
In New York, if you and your spouse have a valid separation agreement and you each abide by the terms of the agreement for one year or more, you can file for divorce based on that agreement alone or that agreement can be merged into a divorce judgment if the matter becomes litigated.
Some things that may be included in a separation agreement; maintenance, child support, custody and visitation, living arrangements, equitable distribution, etc.
If you are thinking about getting a separation agreement please reach out to schedule a free consultation.
New York takes your financial obligation to pay for your children very seriously. The amount paid from the non-custodial parent to the custodial parent is governed by the Child Support Standards Act.
Here, the court sets forth a specific formula, based on percentages, to determine the amount of child support that should be paid, including child care and medical expenses.
And while this formula is designed to offer strict guidance to a Support Magistrate in the courtroom, you can always agree to deviate from this formula and create an agreement that works for your family.
If you wish to discuss a child support agreement, based on your unique circumstances, reach out to schedule an appointment.
If you and your spouse are not able to come up with an agreeable custody arrangement or parenting plan then the courts are authorized to make this decision for you, until your child reaches adulthood.
New York uses the “best interest of the child” standard in rendering this decision.
While the court considers many factors in determining the best interests of your child, and they usually consider maintaining a close and loving relationship with both parents to be in the best interest, the arrangement may be very one sided.
In court, there are no guarantees. My goal is to assist you in reaching a solution that works for your family and is not determined by a judge.
After all, the courts do not know your child and your family’s specific situation the way you do. I will explore with you the many available options for custody and visitation that is best for your family.
1393 Veterans Memorial Highway
Suite 212 N
Hauppauge, NY 11788