Family and personal matters require the same keen attention as business matters. These can be emotionally charged times, especially when children are involved. Such circumstances require an experienced and compassionate counsel, that is a good fit for the distinct heartbeat of your case so that you can move forward with your life.
At Multi-Jurisdictional Divorce PLLC, Attorney Elena can help you negotiating and, if need be, litigating the issues of spousal and child support, equitable distribution, community property, custody access agreements and divorce proceedings. Attorney Elena’s goal is to achieve the best, and most expeditious result for you through negotiations and, if/when necessary, in court.
Because Attorney Elena is admitted to practice in both the State of New York and the State of California, Multi-Jurisdictional Divorce PLLC can handle your issues on either coast.
Attorney Elena, a Family Lawyer in New York with over 10 years of experience, handles all family law matters that arise in New York, whether international or domestic, including divorce and equitable distribution of assets, child custody, child support and spousal support.
Attorney Elena, as Family Lawyer in New York, represents clients with complex prenuptial, postnuptial, cohabitation, and separation agreements. She is an experienced Family Lawyer in New York handling complex jurisdictional matters, sophisticated domestic and international property disputes, and child custody disputes.
A Prenuptial Agreement in New York is a contract between two future spouses that settles issues of property division and support in the event of death or divorce.
In New York, a Prenuptial Agreement is made before marriage and will take effect as soon as the couple marries. A Prenuptial agreement must be in writing and signed by both future spouses before a notary public. The court won’t accept an oral Prenuptial Agreement or an unsigned agreement.
A Prenuptial Agreement typically resolve issues that would otherwise be decided by a judge at a divorce trial. Most agreements will address one or more of the following subjects:
Couples have wide latitude in creating prenuptial agreements. However, there are subjects that a prenup can’t cover. Specifically, an agreement can’t require either spouse to commit a crime or prevent either spouse from prosecuting a crime, such as domestic violence. Unlike many other states, premarital agreements in New York can address some issues involving children.
A Prenuptial Agreements in New York cannot definitively resolve issues regarding the education, support, and care of children. However, parents can create an agreement that addresses future child support and custody issues, and the judge will refer to the antenuptial agreement before making the final decision on child custody and support. However, the court must verify that the parent’s agreement is in the child’s best interest. Judges will consider a parents’ Prenuptial Agreement and enforce its terms as long as those terms serve a child’s needs.
In one New York case, the parents had entered into a premarital agreement that required the couple’s children to be baptized and raised in the Roman Catholic faith. Following a divorce, the child’s mother sought to modify the agreement to allow her child to attend a Christian Science school. The court found that a modification of the agreement was in the child’s best interests and struck down portions of the premarital agreement.
New York is in the minority of states that haven’t adopted the Uniform Prenuptial Agreement Act (UPAA). Instead, New York state law sets forth the rules and requirements for prenuptial agreements.
Basic contract rules apply to prenuptial agreements in New York. Specifically, an agreement should be in writing and signed by the future spouses before a notary public. The Prenuptial Agreement doesn’t take effect until a couple marries. However, a Prenuptial Agreement made before a religious ceremony intended to be a marriage is valid even if the marriage isn’t legally binding.
Generally, a Prenuptial Agreement is presumed to be valid unless a spouse can prove the following:
In New York, potential spouses are under no obligation to disclose their finances to each other before signing a Prenuptial Agreement. However, if a spouse chooses to disclose his or her assets and misrepresents his or her financial condition, the court may overturn the Prenuptial Agreement.
Many prenuptial agreements address alimony. In New York, spouses can eliminate spousal support under a prenup unless one spouse is left destitute. If a spouse deprived of alimony under a prenup is forced to seek public assistance, the court will overturn the alimony provisions of the prenuptial agreement.
The laws governing prenuptial agreements are complex. It’s essential to understand your rights and responsibilities under a prenup before signing one. If you’re considering a prenuptial agreement or have additional questions, you may want to contact a local New York family law attorney for advice.
A Postnuptial Agreement is basically the same as a Prenuptial Agreement, except that you and your spouse enter it after you and your spouse have already gotten married, instead of before you marry. In a Postnuptial Agreement, you and your spouse disclose to each other all the money and property you currently own, both separate property and marital property. Then, you set forth the rights and responsibilities each of you will have during the marriage, including how you will divide your money and property in the event of divorce or death of one or both of you.
Although New York law already determines how property should be divided in the event a marriage ends in divorce or death, courts will recognize a valid Postnuptial Agreement that may be different from how New York law would divide the property. The Postnuptial Agreement takes the control over your property and assets away from the state and places it in the hands of you and your spouse.
In the past, New York Child Custody laws used to presume that the mother should have custody and be a better choice as a custodial parent. This is no longer the case. Under the current law, both parents have equal chances of getting custody in New York, which means that a father can get custody. New York Child custody cases are decided on a case-by-case basis.
Courts in New can decide custody as part of a New York divorce or when the parents have not been married but have had a child together. Whether or not the parties were married is not an important factor in deciding whom the child should live with.
There are different types of child custody in New York:
Under New York law, the child’s best interest is the most important factor in considering which parent gets physical custody, especially when deciding whether a situation warrants granting sole custody.
N.Y. Case Law provides several specific factors that constitute the best interests of the child for a court to consider, including but not limited to the followings:
*There is no “magic age” where a child’s preferences are considered. However, a court will consider the wishes of a 12-year-old child more than the wishes of an 8-year-old child.
A court must consider the “totality of the circumstances.” This means that a court will consider all of the above factors in addition to any other factors and whether these factors, as a whole, tip the scale in favor of one parent.
Usually, one factor isn’t determinative of the child’s best interests or child custody in New York. If, however, the child has been living with one parent for a long time and is thriving, a court will be reluctant to disturb the status quo.
Child support cases in New York range from very simple matters involving routine application of the New York child support guidelines, to very complex cases involving the imputation of income to a party who is voluntarily unemployed or underemployed.
Child support is governed by the New York State Child Support Standard Act (CSSA). Under this law, both parents are required to financially support their children until the age of 21 unless they are emancipated before then.
Courts strictly follow CSSA guidelines to determine child support. A judge must calculate the parents’ combined income, then multiply this figure by a certain percentage to reach the total child support amount. The percentage varies, based on the number of children involved. When the total support amount is calculated, the judge apportions it between the parents, based on the proportion of their individual income to the combined income.
In most cases, the non-custodial parent is responsible for paying child support to the custodial parent. Child support payments are usually paid out monthly and are designed to cover basic expenses such as housing, food, clothing, and other necessities. Failure to pay child support can result in legal consequences, such as wage garnishment, driver’s license suspension, and even jail time.
