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New York Divorce Issues

Child Custody - guardianship

  • Custody types:
  • Legal – your child’s everyday lifestyle
    • Includes religious, medical, education
    • Granted to just one parent or both

  • Physical – where your child lives
    • One parent can have sole physical custody and the other will have visitation rights (schedule is determined by the court) or
    • Both parents have physical custody: the child lives with each parent 50% of the time

  • The court will determine the best interests of the child when choosing the best environment for him or her.  Sometimes this involves a Child Custody Evaluation (includes interviews and psychological exams for the children and the parents). Factors used are:

    • Your child’s age, sex, and health
    • Your lifestyle
    • Is there history of child abuse?
    • The emotional bond between the you and your child
    • Who can provide the best shelter, food, clothing, education and medical care?
    • If your child is over 12, the judge might ask who he or she would like to live with

Child Support
New York’s Child Support Standards Act determines the amount of child support the non-custodial parent has to pay.  This includes health insurance, child care and for education.  New York uses the following percentages in determining the amount.  The net income is multiplied by:

  • 17% for 1 child
  • 25% for 2 children
  • 29% for 3 children
  • 31% for 4 children

Property

  • Equitable distribution is the law in New York.
  • Most property acquired during the marriage is subject to equitable distribution, except:
    • inheritance
    • money from an accident

Spousal Support / Alimony

  • Spousal Support or Alimony
    • No set formula to determine amount – granted for a period of time only
    • Determining if it will be awarded is:
      • Incomes of each party
      • Length of marriage
      • Health of each party
      • Education
      • Young children?
  • Fathers’ Rights
    • You, as a father, have a special relationship with your child – this must be protected; you have rights.
  •  Prenuptial Agreement
    • An agreement entered into before the marriage takes place.
    • Provides that the property and/or assets that each party had at the time of marriage, continues to be separate property after the marriage.

 

What to expect in a New York Divorce:

At the time a couple decides to end their marriage, there are many decisions to be made regarding children, property, finances and their new lives living apart.  If this is a contested divorce (cannot agree on decisions that need to be made), be prepared for a most difficult time ahead.  Examples of issues that need to be agreed upon are: