Understanding Family Law
If you are going through divorce or a custody battle, you probably have heard the term “family law”. Understanding family law is the first step to figuring out how to handle this new legal situation.
Understanding Family Law | Divorce
Couples may grow apart; marriages might end. A divorce is not the tragic end of a family, for it is better to be happy apart than to be unhappy together. A divorce signifies the beginning of a different family; one that is happier. When this happens, the court system will be involved so it may grant the couple a divorce. Often, the court system will aid the couple as they determine how best to separate the various aspects of the life they created together. This include property, child custody and finances. While a family law attorney is not always required in order to get a divorce, an individual or couple contemplating it should consult with an experienced family law attorney to discuss the wide array of legal rights and options available to them.
Understanding Family Law | Spousal Support
Spousal support (officially called spousal maintenance in New York, but sometimes referred to as alimony) is the financial support an ex-spouse with a lower income receives from an ex-spouse with a higher income. These payments can take place during the divorce, as well as after the divorce is finalized.
Understanding Family Law | Child Support
Child support refers to the financial obligation of the noncustodial parent towards raising a child. This comes in the form of regular payments to the custodial parent. New York state has a law called the Child Support Standards Act, which sets forth a specific formula for calculating the base child support obligation. However, this base amount is subject to adjustment, depending on specific facts of the case.
Understanding Family Law | Child Custody
When couples divorce, their cohabitation ends and they make separate and mutually exclusive living arrangements. This poses considerable challenges to their roles as parents and may also impose strain on their task of raising their child. Even though they may both have a say in how the child should be raised, the fact remains that the child can only live with one parent at a time. This is usually hardest on the child(ren) concerned. In other situations, only one parent may be legally permitted to make important decisions about the child even though the child will spend a large amount of time living with each parent. New York State courts always work to put the child’s interests first in all custody decisions.
If you need more help understanding family law, please call our Buffalo family law attorneys today.