Some of the most difficult experiences individuals will have in their lives revolve around child custody and parenting time. The legal issues regarding custody are quite often relatively simple, but the facts can be very complex. The personal and emotional considerations involving children can be wrenching. New York law presumes that a stable and substantial relationship with both parents will be in a child’s best interest and there is no longer the presumption of females being the better parent. My family law area of practice is built around the formula that parents will cooperate to make sound decisions for their children. Unfortunately, it does not always work out that way, and there are times when we need to litigate these issues when parents begin to act poorly around the children, or who simply cannot agree on the decisions needed to be made to raise their children together.
As for Child Support, standardized guidelines are used to set the amount of child support payments in divorce and paternity cases. The guidelines can give you a good idea of what to expect in your child support rights or obligations. However, there are some situations where an upward or downward modification could be justified under the facts of the case. The guidelines formula requires the noncustodial parent to pay a percentage of income on a scale that increases with the number of children to be supported. 17% of their gross pay for one child, 25% for two children, 29% for three, and it keeps going. These numbers can be very beneficial to the custodial parent and financially devastating to the non-custodial parent. That is why it is extremely important to consult an attorney before filing for custody, visitation or a modification of support.
Call me today at (845) 534-2968 for custody, visitation and support cases of all kinds and under any circumstances