NYC Family Court Lawyers
What types of cases that are related to divorce can be heard in Family Court?
There are many different types of cases that are related to divorce that may be heard in family court. Divorce is the process of terminating a marriage and dividing property and deaths between the spouses. Some other types of cases that may be addressed in family court that are tied to divorce include child custody, child support, custody modification, spousal maintenance or alalimony and action to enforce a divorce judgment. A divorce attorney can provide legal representation and advice to assist individuals with divorce or the cases related to divorce.
Child custody actions are heard in family court to determine how visitation with children should work after separation of parents and how the decision-making rights for the children should be allocated. In child custody actions, the court seeks to enter a custody and visitation schedule that serves the interest of the children. To determine what is in the interest of the children, the court can consider a variety of different factors. Some factors that may be considered include the wishes of the children, the character of the parents, the stability of the parents, criminal histories, substance abuse issues, the living environment provided by each parent, and the child’s connections to the community where each parent resides. Child custody actions may be heard as part of a divorce or as an entirely separate action in cases where the parents of the children are not married. A divorce attorney can assist with issues related to child custody and can explain how the law applies to your situation.
Another type of case related to divorce that may be heard in family court is child support. When parents get divorced and have minor children or when a custody action is otherwise at issue, the court will often order one parent to pay child support to the other. The amount of child support depends on a variety of factors including each parent’s income and the amount of time the child spends with each parent. Child support may also be based on a child’s specific needs. A court may order one parent to provide medical insurance and may allocate how parties are to split medical expenses related to the children. A court may also allocate how the parents are supposed to share any work-related child care expenses like daycare. A divorce attorney will be well familiar with how child support is determined under the law and can give you advice about what to expect.
In some divorce cases, one spouse may be eligible to receive spousal maintenance or alimony. Not every case qualifies for an order of alimony comma but it may be ordered depending on how property and debts are allocated in the divorce and considering other factors. In some cases alimony may be ordered when one of the spouses lacks sufficient assets to be able to properly provide for themselves and there are other factors to indicate that an award of alimony is appropriate. A divorce attorney will be able to review your case to determine if alimony will be an issue that needs to be reviewed.
After a divorce has been entered, there may arise and need to enforce a judgment or pursue a modification. For example, if one spouse is ordered to pay support to the other and they fail to pay as ordered, action may be taken to enforce that order and to sanction the party that has failed to pay. Post-judgment action may also be taken to modify certain provisions of the order. This is common in child custody matters when circumstances have changed to Warrant a change in the custody schedule.
Contact an experienced divorce attorney in NYC to learn more about these different types of cases and how the law applies to you.
What types of cases that are related to divorce can be heard in Family Court?
Family court deals with all kinds of familial issues and negotiations. A multitude of different case types might relate to divorce and be heard through the family court. When a couple divorces, they are choosing to end their marriage and live individual lives. They are free to remarry. All property and assets are divided between them. Child custody arrangements are also made if the couple has children.
Divorce-related cases might be about initial child custody agreements, child support payments, modifications to a custody arrangement, spousal maintenance, and actions that enforce a judgment made in a divorce. Divorce attorneys are able to give individuals in these cases proper legal representation. They also give advice and help people understand the options available in their circumstances.
Any case related to child custody will be heard in the family court. Child custody refers to all matters relating to which parents perform which parental responsibilities. The court will make a decision based on the interest of the child. This means the judge will base their ruling on the arrangement most likely to promote the child’s psychological well-being.
There are many different types of custody arrangements. Different arrangements are used in different circumstances. Every custody case is different, and there are many factors the judge takes into account. Because cases are so complex, they’re often a strong point of contention in divorces.
These are just a few of the factors the court will take into account when making a custody decision:
- The child’s wishes
- The current division of responsibilities in parenting
- Each parent’s individual character
- Overall household stability
- Past criminal history
- Any past history of abuse or violence
- Community connections
- Each parent’s living environment
In many cases, child custody is just one part of a much larger divorce case. Divorces involve the negotiation of numerous details. You’ll need to divide your assets, decide who is responsible for debts, and make any additional required terms. However, if the child’s parents aren’t married, a child custody case may be tried separately from a divorce proceeding.
It’s important to get in contact with a good divorce attorney where child custody is concerned. It’s also important to try to work with your ex-spouse rather than against them. Above all, you should be considering what’s for your child.
Divorce laws and custody laws vary depending on the state. Your attorney will be well-versed in local laws and cases. They’ll be able to help you understand your options and come up with negotiating ideas. If you need to find proof of the other parent’s wrongdoing, your attorney will help with documentation. They’ll also file all the necessary paperwork. Custody cases can become contentious. In situations where you can’t work constructively with your ex-spouse, your lawyer can advocate for you by speaking to your ex-spouse’s lawyer.
Child support is another divorce-related case that might be heard. If parents with minor children get divorced, one parent is often required to pay the other parent child support. Typically, the parent without primary physical custody will pay child support to the parent with primary physical custody.
Child support payments are a way for a parent to meet their financial obligations even if they don’t play a large physical role in their child’s life. All parents are required to fulfill parental obligations to their children in some way.
The exact amount of the child support payments will vary based on a number of factors. One of the biggest factors is the income of each parent, along with who has physical custody more often. There have been cases in which child support is affected by an individual child’s needs.
For example, a parent may be ordered to pay for their child’s medical insurance. If there are ongoing medical expenses, an agreement may be reached regarding each parent’s financial obligation. If there are expenses related to childcare, like paying for daycare, the court may set terms for how much each parent pays.
Your divorce attorney will have extensive experience negotiating child support cases. They’ll review the factors at play and advocate for you. The judge will make a decision based on what they believe each parent is obligated to provide for the child.
Some spouses can receive spousal maintenance for a certain period of time after a divorce. The circumstances for alimony vary widely depending on the state. Some states, like New Hampshire, do not allow any kind of spousal maintenance.
Can I call the Family Court Judge to ask what the holdup is?
If you are in the midst of divorce case, you may be worried that little progress is being made with your case. The reality is that the divorce process is complicated. New York laws pertaining to divorce cases are complex. Court proceedings can be confusing.
You may have reached a point in your case at which you want some answers to why you have not seen further progress in your case. You may wonder if you can telephone the Family Court judge to ascertain what is holding up your case.
Ex Parte Communications with the Court are Prohibited
There is a primary rule of judicial procedure overriding your desire to make direct telephone contact with the court to find out why your case appears to have been stalled. This primary rule is the one that prohibits what are known as ex parte communications with a judge in a particular divorce case. An ex parte communication with a judge is one in which only one of the parties to a divorce case is included in the conversation with the judge.
With extremely rare exceptions, ex parte communications with the judge in your divorce case are wholly prohibited. In other words, you are prohibited from communicating directly with the judge in circumstances in which the other party to your divorce case is not involved.
Communicating with the Court When You Have a Lawyer
If you are represented by legal counsel, you are prohibited from communicating with the judge, whether or not that communication is made on an ex parte basis. Your lawyer is the person legally permitted to communicate with the judge in your case on your behalf.
If you are having some sort of serious issue with your lawyer, the proper way to communicate with the judge is to prepare a motion for the court to consider. A copy of the motion is provided to the attorney representing your spouse in your case. The motion itself is filed with the clerk of the court, who will then transmit a copy of the motion to the judge assigned to your case.
Depending on the circumstances, if you truly are having a bona fide issue with your lawyer, you likely can substitute a letter to the court in place of a formal motion. Nonetheless, a copy of the letter must be provided to the attorney representing your spouse in the divorce proceedings. The letter will be filed with the clerk of the court. The clerk will then provide a copy of that letter to the judge in your case.
If you do not believe your attorney is the cause of the delay in your case, you must work through your legal counsel to communicate with the court. You must request that your lawyer prepare an appropriate document to address what you feel is a delay in the case.
Communicating with the Court When You Lack a Lawyer
If you are not represented by legal counsel, you still need to follow the protocols set forth a moment ago when it comes to communicating with the court or the judge. You must prepare a motion, or a suitable letter. A copy of the letter must be provided to your spouse, or opposing counsel if he or she has a lawyer. Your motion or letter must be filed with the clerk of the court. the clerk’s office will then provide a copy of the motion or letter to the judge assigned to your divorce case.
Hire an Experienced Lawyer
One of the courses you can take to ensure that your marriage dissolution case keeps moving forward in an appropriate manner is to retain a skilled, experienced divorce attorney. You start the process of hiring a qualified lawyer by scheduling what is called an initial consultation with a divorce attorney. There usually is no fee charged to a person seeking legal assistance for an initial consultation with a divorce attorney.