Robert G. Smith, PLLC

December 2014 Archives

The amount of child support that can be ordered

Many New York parents have experience in dealing with child support issues after they have gone through a divorce. Although child support is intended to ensure both parents fulfill their financial responsibilities to their children, some may understandably be concerned about how much they will have to pay if they are ordered to provide child support.

How do paternity issues affect a child support case?

The establishment of a legal relationship between an alleged father and child may be important in a child support case. It is important to note that even if a man is listed as the father of a child on a birth certificate, this does not necessarily establish the legal relationship unless the parents were married at any point before or after the birth of the child. A mother who has not been married to the father of her child and who is seeking child support may also need an order of filiation to establish paternity.

How New York courts determine the best interests of a child

There is no fixed definition for the legal principle known as the best interests of a child when the court is deciding on child custody in a divorce case. However, the best interests are generally regarded as the actions and services that best ensure that a child is well taken care of in a healthy and secure environment. This is determined by considering a wealth of factors based on the child's and parents' circumstances.

Legal custody options in New York divorce cases

There are two types of legal custody that a court may award to the divorcing parents of a child. These are sole and joint legal custody, and before the court issues an order, each parent could make a case for the type of custody that they prefer. With sole legal custody, only one of the parents has the right to make vital decisions regarding the child. This leaves the other parent with no legal rights to make child-related decisions. These decisions include the religious values that the child is taught, the school that the child attends and the type of health care that the child receives when it is needed. The child also lives with whoever is awarded sole legal custody.

How inherited funds are handled during property division

Before a New York judge can make a ruling about how to divide property in a divorce, a determination must be made about what property is subject to division. Any property that is deemed separate property will be exempt from property division because it is considered to be the sole property of only one spouse.

Legal representation during a high net worth divorce

Individuals who are going through a high net worth divorce in New York can stand to lose a lot if the proceedings are contested. With 35 years of experience handling high asset divorce cases, we are prepared to help you achieve the outcome you desire.

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If you would like to talk with me, call my office in Manhattan at 212-499-0940 or contact me online.

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Robert G. Smith, PLLC
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New York, NY 10022

Phone: 212-499-0940
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