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News about Divorce Law in New York State
Divorce Survival Kit —
Child Support & Custody
ContentsWhat Can I expect? Who usually gets the kids? The custody issue is complex but the courts generally look at several factors which interplay in their decision, such as the identity of the primary caretaker of the children, who is best able to provide for the emotional and physical and psychological well being of the child. Fitness of the parent also comes into play as does the length of time the children reside with on parent verses the other.
Warning: The information contained herein is not intended to substitute for legal advice from your own retained lawyer in new york state. This article is merely informational in nature, and is based upon one attorney’s knowledge of the practice of family law, matrimonial law, domestic violence, child custody, child support and orders of protection.
Keep a Custody Checklist, listing witnesses, activities of children, child's favorite toy, child's best friend, names, addressees of doctors, dentists, schools, etc. You can be sure that if your divorce entails a custody dispute your attorney and opposition counsel will ask you all about the above facts. Be familiar with your child’s birthday, the name of the children’s school and school teacher and guidance counselor, and become active in all activities involving the caretaking of your child. All of these activities will work toward your favor in a custody trial.
Keep a diary of daily events which strengthen your case. The more information you have the better you will be able to help your attorney in preparing the best possible case. Oftentimes these diaries are admitted into evidence, so keep one. You can not be expected to remember each and every ugly (and nice) event.
On October 13, 2010 the child support law has changed. So now, if you want to protect your right to move for upward or downward modification of child support you must set forth the following in your divorce agreement or separation agreement. A court may now modify child support based upon
Do grandparents visitation rights have an affect in NewYork? The answer to this is not simple. NewYork can grant grandparents visitation under certain circumstances where equity demands that it is necessary to ensure the best interests of the children. For instance, if one of the children's parents is deceased such that the child is not being permitted to see the grandparent through the surviving parent the the Courts have the right to intervene on a custodypetition and award visitation . There is also case law that suggests that if it is in the best interests of the children, and if certain thresholds are met that grandparents may have visitation rights. However it is presumed that the natural parents always have superior rights to the children.
Enforceability of Judgments for child support and spousal support. The New York Child Support Standards Act promulgated by the New York State Department of Social Services, and enforced by the Family Court Act and the Domestic Relations Acts of New York recognizes the importance and priority of providing support for families. As such any judgment for child support supersedes any other type of creditor judgment.
The law allows for income execution up to 65% of the income of the payor spouse for payment of support and arrears. Similarly, child support laws allow for applications for enforcement with remedies ranging from losing your driver's license, attachment of property or prison terms for contempt of a lawful court order.
Most importantly remember that a child support or spousal support Judgment or Order cannot be discharged if the payor files for bankruptcy. So do not be persuaded not to take action if you find yourself in Bankruptcy court!