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important things you should know
Questions And Answers
A petitioner or person filing a case must submit a written description of the case and file it to the Family Court of the county. Most Family courts are open from 9 am to 5 pm during weekdays.
The reason must be clear on the written petition. Does it deal with custody or visitation, or maybe for paternity support. Once clear, a form will be filled up, submitted to the clerk of court’s office and a photo will be required for identification purposes. The form must be notarized. Alternatively, the petition can be filed online. Just make sure that your form is notarized prior to online submission.
Family laws in New York that are violated will be heard in a Family Court. Either a judge or a support magistrate will preside over a case filed in a family court.The members of a family involved in a case are required to show up to the family court for a hearing. Usually, the ruling depends on the presence of the parties involved. Attendance is a must in these hearings as if one fails to show up it can cause the case to be dismissed or be awarded to the party who is present.
Those who have a significant relationship to the child, like the parents, seek the help of the court of the custody of the child. The one who has the child in his or her custody, usually also one of the child’s parents will be required to appear before a judge.
It will depend if both parents agree or not if a formal hearing is needed. If both of the child’s parents agree on the child’s well being, the court will rule based on what the parents agree upon. Otherwise, there may be a need for a hearing with a judge. The judge will usually hear testimonies and review evidence presented in the Family Court, and will always decide who will get custody in favor of the child’s best interest.
Investigation of social services, interviews with psychological experts can help determine who will get the child’s custody.
New Yorker parents are required to give child support to their kids up until the age of 21. This includes health benefits like health insurance coverage or health care support in case the child needs one.
For separated or divorced parents, the one who has custody can usually request the other parent to give child support. In cases where a child does not live with the parents, he or she can also seek the help of the court to require their parents for child support given they are yet to be emancipated.
Both parents will have to present evidence in front of a family court judge to determine how much child support will be. These usually include a proof of how much the parents are making in their jobs, their usual everyday expenditures like with rent and bills from electric or telecom companies or their daily food needs, and of course, the child’s expenses with education or health care. These evidence and testimonies will be heard by either a judge or support magistrate and they will determine what the amount of monthly support will be.
When what is set by the court about the support of a child is violated, the parent who has custody can seek the assistance of the court to make sure that the other parent pays up. This would mean that the one who violated the child support ruling will have to show up in court so the judge can review and hear testimony as to why they have failed to pay what is due from them.
A judge can set a workaround to ensure that payment of the support of a child is met. This can mean that the payments are automatically deducted from the monthly pay or bank accounts of the parent who failed to pay for the support of the child. The total amount of unpaid support can also be mandated to be paid by the court.
Should the payment have failed to be met, the judge of the family court can compel the suspension or to revoke the driver’s license, business operations licenses or professional licenses or passport. The properties of the non-paying parent like bank accounts can also be seized by the court.
Not all marriages end happily ever after. Some couples divorce. In New York, divorces are only filed at the Supreme Court. Family courts can only help spouses who plan to separate ways with family matters like the custody, support and even visitation rights of a parent to a child.
It is highly recommended to get a divorce lawyer as divorces can get complicated.
In New York, only the properties acquired during the marriage will be divided between spouses once they divorce. This is called equitable distribution and if they have individual properties, they get to keep it.
A divorce attorney can help you through with each of the legal processes of your divorce. They can help you make sure that your interests and your properties can get equally distributed. A divorce lawyer in NYC will also help child custody, visitation rights and child support.
If you are looking for one, you can consult with one of our seasoned divorce lawyers in NYC here at Morgan Legal Group, P.C.