Custody, Support and Maintenance

Custody, Support and Maintenance

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Description

Some of the most difficult experiences individuals will have in their lives revolve around child custody. The legal issues regarding custody are quite often relatively simple, but the facts can be very complex. The personal and emotional considerations involving kids can be wrenching. New York law presumes that a stable and substantial relationship with both parents will be in a child's best interests and there is no longer the presumption of females being the better parent. Our family law area of practice is built around the formula that parents will cooperate to make sound decisions 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.

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 divorce or for custody.

As for Maintenance, if you are seeking maintenance (formerly called “alimony”), we can help you decide whether to seek the necessary relief in Family Court or the Supreme Court. Family Court procedures are less formal and limited to the determination of support awards necessary for the basic needs of a spouse and children. If your alimony needs relate more to future interests rather than immediate financial pressures, it's probably better to deal with your maintenance needs in the Supreme Court as part of your divorce litigation strategy. Most maintenance negotiations are closely related to equitable (property) distribution issues that come up in a New York divorce, and only the Supreme Court can resolve both the maintenance and equitable distribution issues.

At Artrip & Weber, we handle custody, support and maintenance cases of all kinds and under any circumstances. Call us today at (845) 534-2968

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(845) 534-2968

Contact Information

Artrip & Weber
Attorneys at Law
45 Quaker Avenue, Suite 208
Cornwall, New York 12518
Tel: (845) 534-2968
Fax: (845) 458-5698

Paul N. Weber:
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Joseph J. Artrip:
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