FAQ

PATERNITY

  • The New York Family Court Act allows initiation of paternity tests any time from pregnancy of a mother until the child is 21. Despite the request, paternity tests are not always granted.

  • Equitable estoppel happens to protect one party from another party’s voluntary conduct. For example, when an individual has held himself as a child’s father by parenting or providing financial support, this prevents him continuing to act as the child’s father. Estoppel can apply to men or women. A woman can invoke equitable estoppel to maintain a father-child relationship and a man can do the same to prevent another from assuming the father role. Equitable estoppel can be invoked to protect the child, as it is not in the child’s best interest to be fatherless or manage the emotions related to discovering that the person they view as their father is not their biological father. In these cases, a father can be equitably estopped from taking a paternity test. This applies even the father was mislead to believe that they are the biological father of a child.

  • If a parent has a custody/ visitation petition, then he/she can use the Custody/Visitation Enforcement Petition if the custody or visitation order is not being followed. This petition informs the Court that the custodial parent is interfering with noncustodial parents’ visitation right and that the custodial parent violated the court's visitation order. When filling out the petition, the non-custodial parent should be prepared to provide dates, times, and length of the interference of the visitation and the exact violation of the custody order. Once the petition is received by the Court, the Court will first conference the case. If the matter is not resolved, such as the time is not made up, the noncustodial parent should be prepared to testify and give details of the specific occurrences of interference. The court will require dates and exact times that the order was violated and if the time that was missed was not in fact made up to the non-custodial parent. If there are sufficient facts to find a violation, the judge can change the visitation order and/or impose sanctions or a fine on the custodial parent.

MAINTENANCE

  • The Judge decides for how long an individual should get temporary maintenance. It typically lasts until the case is settled by agreement or decided at trial. Temporary maintenance ends when the Judge issues a final judgment of divorce.

  • The judge applies a formula based on each spouse’s income, as long as the income is under $524,000 annually. Temporary maintenance is set at whichever amount is less 30% of the higher earner’s income minus 20% of the lower earners 40% of the higher earner’s income and the combined income minus 20% of the lower earner’s income These numbers can be decreased if one spouse: is caring for the children which makes finding a good job difficult, needs to pay for school or training to be solvent, has been unable to find a job, has to pay for major children’s or medical expenses, prevented the other from working because of domestic violence.

ORDERS OF PROTECTION

  • You can file a petition in Family Court for an order of protection if:

    - You are related to the other person by blood or marriage

    - You are or were legally married to the other person

    - You have a child with the other person

    You have or have had an intimate relationship with the other person

  • Orders of protection can last for up to two years. The court can ask the respondent not to contact you by any means and to stay away from you, your home, job, children etc. They can also ask the respondent not to abuse you and provide police escorts for you to re-enter your home. The court can also order temporary child support, revoke the respondent’s right to carry firearms and mandate that the respondent pay for medical expenses. Safe Horizon is an agency that assists victims of domestic violence. They have an office in each family court.

  • In these cases individuals should call 911, since violating an order of protection is a crime. The police may arrest the respondent for this violation.

  • A prenup is an agreement between a couple that is considering marriage. This agreement determine how the couple will arrange financial matters in the event of divorce or death. A prenup can include loans, debts, support obligations and lifestyle or non-financial topics. In order to create this agreement, each party must disclose all of the money and property they own before entering a marriage. Rights and responsibilities are then set, including how belongings and finances will be divided in the event of death or divorce. Even though New York law determine how property should be divided in the event that a marriage ends, the courts will recognize a prenup that is different from what the law states. This agreement is protected as long as both parties fairly disclose their full assets and that the agreement is executed with the full formality. The validity of a prenuptial agreement can be challenged if each party had separate attorneys, if there were any elements of fraud or coercion or if the agreement unfairly favors one spouse over the other.

  • Similar to a prenuptial agreement in nature, this is an agreement that a couple enters into after marriage. It covers each individual's wishes related to divorce, the death of a spouse, finances, and lifestyle.

  • Defining separate property: Property or an inheritance that married individuals decide to keep separately from the property they obtain together. If property is not defined as separate, it may be up for grabs in the event of a divorce. Defining marital property: Property that individuals want to be considered as marital property, even if it is actually separate property. Establishing maintenance: This particularly applies if parent gives up a career to raise the kids. Establish what kind of support each party will pay in the event of divorce, or that there will be no support. Establishing support for children of a prior marriage: If the spouse does not adopt children from a previous marriage, a prenuptial agreement can ensure the children are provided for in the event of divorce. Establishing pre-marriage debt: If one partner brings substantial debt to the marriage, the prenuptial agreement can state that the debt stays with that spouse.

PRE AND POSTNUPTIAL AGREEMENTS

RELOCATION DISPUTES

  • The court will look at how frequently visits happened previously and the income of both parents then weigh how far the child is from the non-custodial parent to determine how the relationship can be maintained and how often visits should occur.

  • Remarriage and work are considered viable reasons for moving but they can be outweighed by the impact of the move on the child. If a child is close to both parents, and moving would cause the child to see the non-custodial parent less, then the court may require the parent not to relocate or to change custody. If it seems that a parent wants to relocated on a whim or out of spite, the court is unlikely to allow them to do so. In cases where the non-custodial parent rarely sees the child or does not provide financial support, the court is more likely to allow the custodial parent to relocate.

  • The court will always adhere to whatever is in the best interests of the child. They weigh the child’s well being whether they move or stay put. Parent preferences are not a priority. The court will consider: 1. Each parent’s reasons for seeking or objecting to relocation 2. The quality of the child’s relationship with each parent 3. The move’s impact on the child’s future familial relationships 4. How much the child’s life will be financially, emotionally, and educationally enhanced 5. The quality of the child’s relationship with the non-custodial parent in the event of relocation

SPOUSAL MAINTENANCE

  • Maintenance, funds that one spouse provides to another after divorce, is also known as alimony or spousal maintenance. The amount and duration of the maintenance is defined during . There is usually a time limit for the payment of maintenance.

  • Couples who are legally married are required to support each other financially. When they decide to split, spousal support allows an individual to receive funds from their ex partner, if the ex partner can afford. This is the case unless they receive public assistance. Family and Supreme Court can order an individual to support their spouse. This support lasts for as long as the couple is legally married and as long as both parties are alive. Individuals can get help to collect money from their spouse or ex-spouse from the Support Collection Unit (SCU) in Family Court.