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18 Jul 16

What types of cases that are related to divorce can be heard in Family Court?

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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 best interest of the children. To determine what is in the best 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.

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