How To Win Your Family Law Claim

Do you have questions about how to win your family law claim? Check out our articles for guidance, then contact our Buffalo attorneys today!

Parenting Time and Access

  • How To Win Your Family Law ClaimMost people’s biggest worries in divorce are about when they will see their children.
  • Whether you share joint custody or one parent has sole custody, there will be an access schedule.
  • Usually, parents will design a schedule that reflects the family’s situation, including the parents’ work schedules, children’s ages, and school/activity schedules.
  • Each parent usually tries to set a routine that maximizes their time with the children.
  • The court will encourage parents to respect variable schedules and be flexible in accommodating each other’s needs.

Child Custody for Unmarried Parents

  • Unmarried people who have children together want to know their rights regarding child custody.
  • The rights of unmarried parents are basically the same as those of married couples.
  • Cases involving unmarried parents will most likely be heard in Family Court.

Joint Custody

  • Simply put, child support will probably be involved in cases of joint custody with a primary residential parent.
  • Most people who have a 50/50 shared access schedule with their children will find that the higher earning parent will have a child support obligation – even with a 50/50 shared time schedule.
  • Asking for joint custody or half of the time with your children will not affect the parents’ obligation to pay child support or right to receive child support.
  • Because the courts consider child support and custody as separate issues, they will not decide on custody based on its effect on child support, but on the needs of the child.
  • Talk with your attorney about this complicated area because it can significantly impact your children and your financial situation.

Alimony During a Divorce

  • The term, alimony, simply refers to post-divorce spousal maintenance.
  • That specific term has not been used in the New York State law for many decades, but you may still hear it, and it may be used in other states.
  • The term is synonymous with maintenance, and refers to support for a spouse.

Spousal Maintenance

  • As you go through the divorce process, you will hear the term “maintenance,” or “spousal maintenance,” which refers to support for a spouse.
  • The court will consider a number of items in determining whether you are entitled to spousal maintenance.
  • Since January of 2016, New York State has followed a statutory guideline for deciding on spousal maintenance which contains certain recommendations that guide the courts in determining maintenance.
  • The courts consider disparity in income, length of the marriage, and other considerations such as your health, your age, your time in the workforce, the ages of your children, and any assets you might have.
  • Maintenance is never automatic, but it is usually a consideration, so you should discuss it with an attorney.

Do you have questions about how to win your family law claim? Don’t leave it up to the courts to decide on these important decisions for you. Contact our dedicated Buffalo family law attorneys today for a confidential consultation. We welcome the opportunity to help you and your family reach the resolution you want.

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