Attorneys for Visitation & Child Custody
Spousal Maintenance, child support, child custody, and visitation in New York
Maintenance, child support, child custody and visitation are essential elements of divorce. Below you will find a brief discussion of each. Contact one of the experienced matrimonial lawyers of Novenstern Fabriani & Gaudio, LLP if you have any questions regarding what you read below.
Formerly referred to as alimony, a court can grant spousal maintenance or spousal support in New York. In deciding the amount and duration of the award, the court may consider many factors including the following:
- The length of the marriage
- Age and health of the parties
- The present and future earning capacity of the parties
- Vocational skills, employability of the parties, and ability to become self-supporting
- Income, assets and liabilities of the parties
- Contributions and services to family of the party seeking maintenance
- The opportunity of the parties to acquire future income and assets
While a divorce is pending, the court can order temporary maintenance.
Child Custody and Visitation
The best interest of the child standard is used in New York when making custody decisions where the parents are unable to come to an agreement. In custody disputes, the court will consider factors such as:
- The availability of parents to the child
- The physical and emotional health of the parents
- Evidence of child abuse or neglect
- A parent’s willingness to encourage the child’s relationship with the other parent
- The preferences of the child, if the child is mature enough to make his or her wishes known
- The primary caretaker of the children
- The home environment of both parents
In New York, child support is based on the combined income of the parents and number of children each parent is responsible for supporting. There are statutory guidelines to follow. There is a statutory formula set forth in the Domestic Relations Law. If there is a substantial change in financial circumstances, a New York child support order may be modified.
Legal issues pertaining to children and families are heard and determined in family court. This includes matters involving child support, child custody, visitation, spousal maintenance, adoptions, guardianship, child abuse, domestic violence and more. However, divorce proceedings, separations and annulments are handled by the Supreme Court. Westchester Family Court operates at three courthouse locations in the county. You can find the addresses here at NYcourts.gov.