Manhattan Family Law Attorneys

When awarding custody and visitation, courts do not favor one parent over the other parent. The court awards custody and visitation based on what is in the child’s best interest.
While there is no standard definition of "best interest" of the child, Courts generally consider multiple factors when deciding what will best serve the child and who is best suited to care for the child.
Some of the factors the Judge will look at in determining custody and the best interest of the child include the following:

• which parent has been the main or primary caregiver and nurturer of the child;

• the parenting skills of each parent, including their strengths and weaknesses and their ability to provide for the child's special needs, if any;

• the mental and physical health of the parents;

• whether there has been domestic violence in the family;

• work schedules and childcare plans of each parent;

• the child's relationships with brothers, sisters, and members of the rest of the family;

• what the child wants, depending on the age of the child; and

• each parent's ability to cooperate with the other parent and to encourage a relationship with the other parent when it is safe to do so.

Under equitable distribution law, marital property is divided at the court’s discretion in a manner that is deemed fair. It does not mean that marital property will be distributed equally. The judge will look to factors such as each spouse’s earning potential, their age, and their health when determining how marital property will be divided.

Marital property is property acquired by either spouse during the marriage, regardless of whether the property is held jointly or in an individual spouse’s name. On the other hand, separate property consists of property acquired by one spouse before the marriage, after the commencement of the divorce, or received as a gift or through inheritance. Unlike marital property, separate property is not divided in divorce proceedings.
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For example, if the couple's home is considered marital property, and not separate property, then the home may be awarded to either spouse through equitable distribution. A home may be divided in a number of ways, including one spouse buying out the other spouse's share of the home or both spouses selling the house and splitting the proceeds.

Parents have a duty under New York law to support children under the age of 21 years old, unless the child is otherwise emancipated. (A child can become emancipated in several ways but a couple of examples of emancipation include the child leaving the parent’s home to work and support themselves, or the child joining the military.)
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The basic child support obligation that a parent must pay is determined by adding the incomes from both parents (up to a combined parental income of $154,000 as of May 2020), multiplying it by the statutory percentage, and taking that parent’s pro rata share of the combined income.
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If the combined parental income exceeds $154,000, the courts have discretion on how much child support a parent will pay on the combined parental income above $154,000.

The statutory percentage is based on the number of children for which the party must pay support. If a parent is responsible for one child, the statutory obligation is 17 percent. For two children, 25 percent; three children, 29 percent, four children, 32 percent; and for five or more children, “no less than 35 percent”.
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A parent’s income is based on their “gross income” reported on their federal tax return. To the extent not already included in gross income, the court can also include investment income, workers' compensation, disability benefits, unemployment insurance benefits, social security benefits, veterans benefits, pensions and retirement benefits, fellowships and stipends, annuity payments, and alimony or maintenance actually paid or to be paid to a spouse who is a party to the action.
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At the discretion of the court, the court may attribute or impute income to a parent from other resources available to the parent, including, but not limited to: non- income producing assets; meals, lodging, memberships, automobiles or other perks that are provided as part of an employment compensation package; fringe benefits provided as part of compensation for employment; and money, goods, or services provided by relatives and friends.

Even the most agreeable divorcing couples are unlikely to have considered every detail or legal implication. An experienced New York family lawyer will help you navigate what is a complex process. We always work to find an amicable resolution for our clients, but if an amicable resolution cannot be achieved, we do not hesitate to fight for our clients to ensure their needs are met and interests are preserved.

Family law matters are rarely easy to resolve. Even in the most amicable separations, the emotional and financial toll is a heavy burden to bear alone. An experienced family law attorney can help ease that burden.
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WertheimerLipton is a client-centric law practice that focuses on delivering exceptional results as well as an exceptional experience. We are experienced, responsive and accessible - attributes that we believe are critical to your success.

To schedule a consultation, you can either complete the contact form at the bottom of this page, or call our office at (718) 797-7154.