Marriages require partners to work together for the collective benefit of each member. For example, in New York a father may decide to give up his job to stay home with the family's children while the mother advances her career in the workforce. Though the father may be capable of working outside of the home, he and his partner may decide that everyone will be better off if he gives up his job to provide care to their children.
Former baseball star and current broadcaster Alex Rodriguez is embroiled in a dispute with his former wife about support. Mr. Rodriguez has been trying to reduce the amount -- approximately $155,000 per month -- paid to his ex-wife and for the support of his two daughters, ages 13 and 10. They divorced a decade ago. According to the documents, the amount of support was supposed to be changed after his retirement as a player.
When a couple in New York State decides to end their marriage and there are children from the relationship, it is likely that one parent will be ordered to pay child support to the other. There can be many contentious issues in a family law and divorce case, and one of the most complex is determining the payments required to provide for a child. The supporting parent might not want to pay the amount ordered, and the custodial parent will frequently ask for more.
With family law and divorce in New York, there are certain requirements that a person must meet when they are ending their marriage. Understanding this is critical to a successful resolution to a case. While couples who want to divorce can simply say there is an irretrievable breakdown in the relationship - also referred to as "no-fault" - it is not an automatic guarantee that the divorce will be granted. For many, it is wise to be more specific with the reason(s) they are parting ways.
One of the most important aspects of child support, child custody and visitation rights in a New York State family law and divorce is identifying the biological father. Frequently, this is referred to as paternity. Part of establishing paternity is seeking an Order of Filiation in Family Court. There are certain circumstances when this might be necessary. For parents who fall into this category, it is important to understand these circumstances to ensure they enjoy all the rights they are entitled to under the law. Having legal assistance is an important factor in any family law case.
For noncustodial parents in New York State, the requirement that they pay child support to the custodial parent is an important issue in family law and divorce. The amount they are ordered to pay will be deemed sufficient to provide for the child and the custodial parent's needs and to meet the child's best interests. However, it is not unusual for noncustodial parents to want to modify what they are paying. It is also possible that the amount due will be changed because of a cost of living adjustment (COLA). Understanding the details about these issues is critical.
In New York, it is always preferable for the participants in a child custody case to agree on how custody and visitation will be allocated. However, with family law and divorce, it is rarely simple to reach an agreement. Oftentimes, individuals will have their own reasons for wanting custody or seeking certain concessions with visitation rights. This is true whether the dissolution is amicable or contentious. Having legal assistance can be critical toward understanding the various aspects of a child custody and visitation hearing, and ensuring that your and your child's best interests are protected.
When a New York couple concludes that their marriage is not working and they decide to move forward with a divorce, there are many issues that will need to be addressed throughout the process. If there are children, for example, child custody and visitation may become a major issue that leads to extensive disagreement. Other matters that are often problematic in family law and divorce are child support and property division. No matter where a couple resides in New York, the property they own can have extensive financial and sentimental value. This can lead a couple to argue over very specific items. For this reason, it is often imperative to have the assistance of legal counsel before proceeding with the property division process.
One of the most complicated issues related to family law and divorce in New York State is child custody. Not only is this difficult in a legal sense, but it can be an emotional roller coaster as well. As the decision is made to end a marriage, child custody will come to the forefront. Knowing the basics such as the difference between legal custody and physical custody is important when trying to sift through the options, come to an agreement, or choose to go to court. As with any family law matter, legal help is always beneficial.
When a couple in New York divorces, children often end up getting caught in the middle. There can be disagreements about custody, visitation rights, child support and more. The court is intent on ensuring the child is cared for appropriately and will focus on the best interest of the child when making its determinations. Understanding what is considered within that context is important for the parents, so they can be prepared for their case.