COURTS:

FAMILY COURT

Unmarried parties must litigate custody, parenting time issues, child support, paternity, guardianship, family offense (orders of protection) and other issues related to the family or children in Family Court by filing a petition. Married parties have the option to litigate certain proceedings in Family Court, but may also litigate in Supreme Court (which is the trial court in New York State). A divorced party may also seek to enforce or modify a Judgment of Divorce in Family Court. Judges will hear custody/visitation proceedings. If custody or parenting time is in dispute, the court may appoint an attorney to represent the parties’ child(ren). Support Magistrates will hear child support proceedings.

SUPREME COURT

Married parties must litigate a divorce action in the Supreme Court. A divorce action can be deemed an “uncontested divorce” (wherein no court appearance is needed) or a “contested divorce”. Additionally, many litigants seek supreme court intervention in a post-divorce modification or violation.

When a person has an option to proceed in either family court or supreme court, it is important to consider the strategic factors related to proceeding in each court.

ALTERNATIVE DISPUTE RESOLUTION:

MEDIATION PROCESS

The mediator, who serves as a neutral third party, facilitates discussions between the parties, in an attempt to resolve the specific legal issues presented to the mediator. The focus of these conversations is to discover shared interests and reduce conflict which help clients arrive at agreements regarding their legal disputes. These conversations include creating options that encourage a resolution that meets the clients’ particular needs. This process is appropriate for clients seeking agreements whether they are married, share children or experience disagreement after their legal process has concluded. In addition to mediating family or matrimonial issues, the Firm also may serve as a consulting and review attorney to support clients in the mediation process.

COLLABORATIVE PROCESS

The collaborative process empowers clients to resolve issues with the support and presence of their collaborative attorneys and the neutral professionals as the clients negotiate their disputes in a private setting. The focus is to meet the needs of the parties and to create solutions that achieve these goals. All parties commit to reaching a negotiated settlement outside an adversarial process. All participants sign an agreement to engage in a respectful, dignified process and provide full and transparent financial disclosure to ensure access to all information on which agreements are based.

FAMILY LAW AND MATRIMONIAL ISSUES:

CUSTODY

CHILD SUPPORT

Child support is an obligation of each parent to financially support their child(ren). The child support obligation consists of two parts: 1) “basic child support”, which generally provides for food, clothing shelter expenses; and 2) “add-on expenses”, which provides for child-care and medical expenses and may provide for other expenses, such other expenses, such as extra-curricular expenses. Sometimes, based on the facts of a case, the parents may deviate from the presumptive calculations.

MAINTENANCE (ALIMONY)

Maintenance is an obligation a person may have to financially support their spouse. The obligation is stated as: 1) an amount of maintenance due; and 2) a duration of such maintenance obligation. Like child support, the maintenance obligation is based on a presumptive income calculation

EQUITABLE DISTRIBUTION

Equitable distribution is the division of parties’ assets and liabilities and must be resolved in all divorces, whether by agreement or litigation. Equitable distribution entails classifying, valuing and distributing both assets and liabilities.