At Law Offices of Audrey J. Lutz Parma PC, our attorney has handled many family law matters, from simple divorces to complicated and contested issues. This breadth of information has given us a perspective into how to approach your unique situation. Our Westchester County family lawyer keeps abreast of the laws, works with your family, and always keeps your best interests in mind.
Read answers to some frequently asked questions below or call (914) 265-1233 to schedule a free initial consultation for personalized representation.
When you decide to divorce, you must first meet certain requirements, including having been a resident of the State of New York for at least a year. You do not need to prove the fault of either party, however, as New York is now considered a “no fault” state.
There are two types of child custody arrangements, legal and physical. Legal custody refers to the ability to make decisions for your children, where physical custody is where the children will live. For both types, a family law judge will make his or her decisions based on the best interests of your child or children. The court will look at issues such as issues of negligence or abuse, the standard of living that the child is accustomed to, and the child or children’s financial and emotional needs.
Regardless if you have joint or sole legal and physical custody of your child or children, the court will always work in the best interests of your children when determining child support payments. Healthcare needs, education, and everyday necessities will all be taken into account, as well as the financial stability of both parents.
In addition, New York has adopted statutory requirements based on the parent’s combined income. For couples who make up to $141,000 annually, these requirements are as follows:
Maintenance payments, also known as spousal support or alimony, is determined based on a number of factors. The court will look at the earning capacity of both spouses and award temporary payments to be made to the one who receives a lower income during the divorce process. More permanent arrangements will be determined based on the length of the marriage, the education and job training of both spouses, the parent who has physical custody of the children, and the ability for both spouses to earn a loveable wage in the future.