What Protections Can an Order of Protection Provide, and How Do You Obtain One?

If your marriage is facing serious challenges, you have the choice to do a legal separation rather than jump straight to divorce, if that works best for you and your family. A family law attorney in Forest Hills, NY can help you weigh the options. Understanding the Difference Legal separation and divorce are both about living apart from a spouse. Legal separation keeps your marriage intact, and a written separation agreement (or, far less often, a court judgment) sets rules for how you'll live separately. You and your spouse remain married, and you cannot remarry. The agreement will typically cover child custody, support, use of your shared property, debt payments, etc. Divorce ends the marriage completely. After the court dissolves your marital bond, you are legally a single person again and may remarry if you choose. Pros of Separation One clear advantage of legal separation is it gives you some breathing room. You can step back, try counseling, and decide whether the marriage can be repaired or you're 100% sure it should end. And because the marriage continues, any years spent living under a separation agreement still count toward the ten-year marriage requirement for Social Security spousal benefits. Many health insurance policies continue covering a legally separated spouse, which can be very useful and is something that usually ends when a divorce judgment is entered. If you have religious or personal beliefs that discourage divorce, those can be respected while you still get some enforceable rules for child custody, child support, and financial responsibilities. And it's usually cheaper to file taxes as a married couple than a single. Cons to Separation As helpful as a separation can be in some ways, you do remain legally tied to your spouse. That means you've still got a shared credit history and potential liability for certain debts. You cannot marry anyone else, and if the relationship involves abuse, or if the two of you simply cannot negotiate, creating a fair agreement might be difficult or impossible. Property division under the agreement is contractual, not a final court-ordered equitable distribution like with a divorce. Divorce offers finality that many people need, and separation doesn't. Once the judgment is entered, the marriage is over and you can remarry, which is a big issue for some. Sometimes the clean legal break of a divorce is the best way to reduce ongoing conflict and give each person a clearer path forward. Talk to a Forest Hills, NY Family Law Attorney Choosing between the two options will always depend on your specific circumstances and whether you want the door to reconciliation left open, whether insurance or Social Security benefits are of great importance in your situation, whether either of you have religious convictions, and whether you are ready emotionally for a permanent legal end to your marriage. Neither route is automatically better, and a lawyer can help you choose what's best for your family. For help understanding how both paths will affect your situation, contact the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY at 347-657-6271 now for a 30-minute case review to discuss your options.

New York courts will follow specific rules when they're figuring out child support in your case, even beyond the basic amount. A child support attorney can explain these details clearly for your situation in Forest Hills, NY. The Basics of Support in Forest Hills, NY New York uses the Child Support Standards Act to set a presumptive basic support amount, and all add-ons and deviations are dealt with after that basic amount is calculated. Both parents' incomes are first added together (after certain deductions), and then the court applies a percentage based on the number of children involved. A parent is expected to pay 17% of their income for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. This calculation applies only up to a combined parental income cap of $193,000. Each parent then pays their share of that total according to their proportion of the combined income. Most Common Add-Ons Add-ons sit on top of the basic amount to cover extra costs that the basic percentage does not include. The three most common mandatory add-ons are: Reasonable child care expenses Healthcare-related costs for the child Educational expenses Child care can only be mandatory if it's necessary so the custodial parent can work, look for work, or attend education or training that leads to employment. Healthcare add-ons include the cost of health insurance premiums for the child and unreimbursed medical, dental, optical, and prescription expenses. Educational expenses can become add-ons when a court decides they serve the child's best interests. Private school tuition or special tutoring might qualify, for example, if the family previously paid for it or if the child's needs clearly require it. These expenses get divided between the parents using the same income proportion that was used for figuring the basic support amounts. Courts look at actual receipts or estimates to decide what counts as reasonable in both situations. Most Common Deviations Deviations can be put in place when the presumptive basic support, plus any add-ons, would produce what the court considers an unjust or inappropriate result, but there are specific factors the court must consider before changing the number. The court has to look at: The financial resources of both parents and the child The child's physical and emotional health (plus any special needs) The standard of living the child would have enjoyed if the parents had stayed together The tax consequences for each parent The non-monetary contributions each parent makes to the child's daily care The needs of other children the paying parent may already supports Courts can also weigh any other facts they find relevant to the particular family. Talk With a Child Support Attorney Today Talk to us at the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY today for help throughout the greater Queens area. We offer a free case evaluation and bring extensive New York Family Law Court experience to bear on every case we take.

When ACS opens a child neglect investigation, it's always scary. The most important step is to immediately contact a Forest Hills, NY child abuse attorney to protect your family and get help for going through this process. Know and Exercise Your Rights Refusing Entry When ACS gets a report, a worker will generally ask for permission to enter your home, talk with you about the concerns, and speak with your children. In fact, they may not so much "ask" as push. You have the right to refuse entry into your home unless the caseworker has a court order, which they rarely do on the first visit. ACS will note your refusal, and if they want in, they must find another way, which usually means asking the Family Court for permission to enter or to have the children produced for an interview. Refusing them entry does not automatically mean your children will be removed, but it may speed up court involvement. As soon as you've refused entry, or even as you are doing so, call a lawyer. Remaining Silent You have the right to remain silent and to have a lawyer present before answering questions or allowing interviews with your children, and ACS must inform you of these rights at the first contact. You can request an interpreter if English is not your first language. Do not sign any documents or agree to a safety plan until you understand exactly what they say and your lawyer has looked over them. Getting Clarity You have the right to receive a Notice of Existence letter that tells you an investigation is open and provides contact information for the assigned caseworker, supervisor, and manager. The letter won't spell out the exact allegations, but you have the right to ask for a redacted copy of the report ( which you can request at this link). ACS must also interview all parents named in the report, any other caretakers, and every child living in the home or for whom you are responsible. They may also reach out to schools, doctors, neighbors, or other people who know your family. Talking to a Forest Hills, NY Child Abuse Attorney The moment you learn about the investigation, schedule a consultation with a qualified family law attorney who handles ACS matters in the Queens Family Court. This is the most important right you have, and your lawyer will protect all your other rights and help you fight effectively. Your attorney can review the Notice of Existence with you, explain what the allegations might mean, and help you decide how to respond. Many parents wait until a petition is filed in the Family Court before seeking help, but waiting can limit your options. And if you do end up in court, no one is better suited to preparing you for this than an experienced family law attorney. If you are facing an ACS child neglect investigation, call us at the Law Offices of Joseph H. Nivin, P.C. at 347-657-6271 right away to protect your rights and your children. We serve all of Queens from our Forest Hills, NY office.