SPOUSAL AND CHILD SUPPORT LAWYER IN NYC AND LONG ISLAND

Spousal and child support, custody, and visitation proceedings can be started, enforced, or modified in a New York Supreme Court as a result of or after a divorce action. Spousal suppport, child support, custody, and visitation cases may also be started, enforced, or modified in Family Court.

The modern legal term for alimony is maintenance. There is no precise formula for what is appropriate for spousal support or permanent maintenance, rather, a court determines what is fair and reasonable on a case by case basis.

Permanent maintenance does not mean it is forever, it usually lasts for a specified duration of time. Permanent maintenance is simply the legal term used for the maintenance that is part of the final judgment of divorce.

Although lifetime maintenance is possible, it is rare. Temporary or pendente lite maintenance is any maintenance that is ordered while a divorce case is pending. There is now a formula contained in the domestic relations law to provide the court with guideline amounts for temporary maintenance.

There are many factors which your lawyer can argue are appropriate to be considered for a court to award or deny maintenance.

The amount of child support, on the other hand, is usually determined by a formula set forth by law and is usually fixed as an obligation of the "non-custodial" parent. The formula is usually followed by the court, but your lawyer may persuade the court that the calculation is unjust or inappropriate based on a variety of factors.

Any party to a support order now has the right to seek a modification of the child support order upon a showing of: (i) a substantial change in circumstances; or (ii) that three years have passed since the order was entered, last modified or adjusted; or (iii) there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted; however, if the parties have specifically opted out of subparagraph (ii) or (iii) of this paragraph in a validly executed agreement or stipulation, then that basis to seek modification does not apply.

Jail time is a possibility in cases of willful violations of support orders. Call for a caring lawyer that will fight hard for you. A $175 per hour rate is available for family court proceedings involving support. In the Supreme Court the $200 per hour rate applies for support matters.