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Divorce, Child Support and Custody:
George has been handling divorce cases since 1978. He has tried many cases and settled hundreds of cases. While a settlement is always preferred, it is sometimes necessary to have a judge decide the outcome if an acceptable compromise cannot be achieved. Almost all clients who get divorced feel as if the process goes on forever. While some cases are more complicated, George tries not to get his clients bogged down in mountains of paperwork, endless bickering and whining and drawn out issues.
New York still requires “grounds” for divorce. The most common grounds for divorce are cruel and inhuman treatment. In most divorce cases, we spend very little time on the grounds issue. One side or the other always has the right to contest the grounds - but to successfully contest the grounds requires spending thousands of dollars on legal fees and the ultimate result (if successful) will be staying married to someone who does not want to stay married to you. Very few states require grounds and there is bill before the legislature to make New York a no-fault state.
New York does allow spouses to sign a Separation and Settlement Agreement and then live apart for a year as grounds for divorce. This is called a conversion divorce and is common. The key is that you must sign an Agreement and then live apart for a year. You cannot simply be separated for a year.
A parent’s child support is based upon a percentage of income. The general rule is that a non-custodial parent will pay 17% for one child, 25% for two children, 29% for three children, and 31% for four children. These percentages will be applied strictly for the first $80,000.00 of combined (mother and father) income. Once the combined income exceeds $80,000.00, a parent may be ordered to pay more if the children’s needs and life style justifies a higher amount.
Custody is best decided by the parents themselves. If the parents are unable to agree, the Court will decide custody based upon “the best interest of the child”. Fighting between parents and fighting over the children can be harmful to the children. Parent should try and remember that divorce is a sad experience for a child. How a child responds to divorce will depend on the parents behave during and after the break-up. Studies have shown that ongoing strife and bitterness will likely cause the children emotional harm. The best course is to reduce the conflict in the post-divorce family.
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