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On Behalf of The Law Offices of Joseph H. Nivin, P.C. A child support enforcement lawyer can help you receive the child support payments you are entitled to. If you have an order in place to receive support and the other parent is failing to pay, the Law Offices of Joseph H. Nivin can help. Remedies include a money judgment, incarceration, or both.  As in this case, the court can order the payment of unpaid child support and help you recover the cost of attorney’s fees.  If we prove the other parent has the ability to pay and is willfully ignoring the order of support, the Court will have to order the other parent pay a portion of your legal fees. If child support has not yet been ordered, an experienced Child Support lawyer can help you through the process of establishing support. Contact Joseph H. Nivin for help.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. The Supreme Court of New York decided on a case filed to lower the amount of child support in arrears that could be garnished from the appellant’s paycheck. A previous case brought by the respondent raised the appellant’s child support to 65% of his disposable income until the child support in arrears was paid in full. This is the maximum amount of disposable income that can be deducted for child support. This amount left the appellant unable to meet his own financial obligations by drastically reducing the amount of money left over after meeting his child support responsibility. The court found it was appropriate to lower the amount to only 40% of disposable income. Read more about the case here. Are your child support payments too high? If you owe monthly child support or back support and you’re getting so much money taken from your paycheck that you can’t make ends meet, a New York child support attorney can ask the court to lower the amount of money being garnished.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. In many cases, determining child support is simple. If the income of both parties is known, it is straightforward, as long as the parents’ incomes are not in dispute. If the parents together earn less than $143,000.00 per year, the basic child support (the portion designed to pay for food, clothing, shelter, school supplies and other necessities) will be based upon a percentage of the non-custodial parent’s income (the parent with the least amount of custody or visitation).  That percentage depends upon the number of children. If the parents’ combined income is $143,000.00 per year or more, the child support will be pro-rated based on the parents’ incomes up to $143,000.00 per year. Any support based upon income above that number will be based on the needs of the child.  The “add-ons,” or child support in addition to the basic child support, are health care expenses including co-pays and premiums, child care, and education (private school).

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Olliette Murry-Drobot was subjected to domestic abuse before she was even born. When Murry-Drobot’s mother was pregnant, she endured frequent beatings from her partner. The violence intensified to the point that Murry-Drobot’s mom didn’t feel her daughter move for days at a time. Murry-Drobot survived, and witnessed her father terrorize her mother throughout her early childhood, she told Huffington Post. Now, she has committed her life to protecting and empowering victims of domestic violence and ensuring that the children who often suffer long-lasting consequences, also get the support they need. 1 in 4 women and 1 in 7 men will experience domestic violence at some point in their lives, according to Memphis CBS affiliate WREG. Nationally, 1 in 3 women and 1 in 7 men experience intimate partner violence, according to the National Coalition Against Domestic Violence. Children who are exposed to domestic violence also face a number of other risks. They’re susceptible to developing anxiety, depression, post-traumatic stress disorder and drug and alcohol abuse issues, according to the National Child Traumatic Stress Network. Domestic violence is a crime. If you or a family member is a victim of domestic violence or abuse defense lawyer Joseph H. Nivin can help you navigate the civil and criminal justice systems. Our law firm will help ensure your safety, prosecute the attacker and give you hope for a new life.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. As in the case of Tropea v. Tropea, the issue of Child Custody Relocation will be determined by a Judge in Family Court. Requests for relocation when child custody is at stake are reviewed on a case by case basis. The court will take many factors into consideration, but the deciding factor is what is in the best interest of the child. If there is already an order of custody and visitation in place, you will have to prove that your child will benefit educationally, economically and emotionally if you want to move away from the other parent.  If there is no such order, then your proposed move will be one factor that the court will consider when it determines what custody arrangement is most beneficial for your child.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. A recent Supreme Court decision considered the complications in divorce cases and dividing assets that couples acquire during their marriage. Retirement savings are one of the largest and most valuable assets to be considered during a divorce, such as 401(k) and pension plans. In May, the Supreme Court overturned a decision by the Supreme Court of Arizona in the case of Howell v. Howell.  Any waived portions of military retirement pay are not divisible community property. In this divorce case, the military retirement pay changed after 13 years, altering the original agreement. Divorce agreements can be confusing and cause feelings of hostility between you and your spouse. It’s best to be prepared before you go to family court where your financials, homes, and property will be divided. Joseph H. Nivin can help you understand the process and in the end, help you reach an agreement that is fair to both parties and families.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Erasing Family is an International film, currently in production as a follow-up to the influential documentary, Erasing Dads. The original movie helped to expose a significant problem in Argentina, that of fathers being erased from the lives of their children by the court system. Unfortunately, that is not the extent of the issue. Parental alienation is happening to more than just fathers and in many countries across the world including the US.  Mothers, fathers, siblings, grandparents and other family members have been alienated from their families. Children have been forced to grow up without parents and/or had to endure the pain of listening to the custodial parent or family member say terrible things about a loved one, generally preventing them from not only seeing, but loving that family member. You can view the film’s website and learn more about this growing problem here http://erasingfamily.org/.  More than 40 years of research on children who have grown up in different divorced situations is now exposing the harm that parental alienation can cause. If you need help with a child custody or visitation case, contact attorney Joseph H. Nivin for a consultation at a reasonable cost. Learn More

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Are you concerned about Grandparent Visitation Rights? If you have been separated from your grandchildren you are probably experiencing a sense of loss and wondering if you have any options. In the state of New York, grandparents can legally request court-ordered visitation if they meet certain criteria, which differs from the criteria for parent/child visitation or custody. Grandparent visitation rights are not guaranteed, but a judge will weigh several factors to determine if legal visitation should be granted. Grandparents should establish the existence of a previous relationship with the grandchildren before visitation will be considered. Other factors that determine grandparent visitation rights include the nature of the circumstances surrounding the denial of visitation, if the parents are deceased or living, the wishes of the child, and what is in the best interest of the child in the eyes of the court.  Learn more about how attorney Joseph H. Nivin can assist with your grandparent visitation rights case here.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Fathers’ Rights are important. As a father, you have an equal right to seek custody of your children.  In custody cases, whether part of a divorce or not, the mother does not get automatic custody preference in a court of law. The Court will consider many factors but will look primarily at who is currently the primary caretaker of the child or children.  If the mother is the primary caretaker, that will be taken into consideration. In this case, under normal circumstances, the mother will likely take preference and continue her role as the primary caregiver. If you, the father, are the primary caretaker, then that will be favorable for you in a child custody case. Each case is unique. If there are doubts about the primary caregiver’s ability to continue in that role, such as drugs or mental illness, then the other parent can get custody based upon those concerns. Attorney Joseph H. Nivin can answer all of your questions about child custody and fathers’ rights.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. On August 30, 2016, the New York State Court of Appeals fundamentally changed the dynamic of family law concerning same-sex couples and child custody.  Until that day, a non-biological parent from a same-sex relationship who did not adopt the child had no standing to seek custody or visitation.  That meant that if the couple broke up, the child’s biological parent could cut his or her ex-partner out of the child’s life permanently.  The other parent had no recourse. In The Matter of Brooke S.B. v. Elizabeth A.C.C., 2016 N.Y. Slip Op 05903, the Court of Appeals held, “Where a partner shows by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing to seek visitation and custody under Domestic Relations Law 70.” That means that if a person can prove that he or she agreed with the biological parent to conceive and raise a child as a couple, then that person can seek custody and visitation in Family Court, whether or not he or she adopted the child. Did you recently leave a same-sex relationship?  Are you trying to get custody or visitation?  The Law Offices of Joseph H. Nivin, P.C. can help!  Call now for a consultation at a reasonable rate.

“Choosing to divorce or remain in a marriage is a difficult decision that requires time for careful thought,” says attorney Joe Nivin. “Sometimes married couples will choose to live apart before deciding 
to make such a big life altering change.” In the state of New York, a legal separation can be used as a short or long term alternative to divorce. An experienced family attorney can help with a legal separation agreement that provides spousal support, direction on the use of marital assets and property and help define the responsibility of marital debts and other obligations. While the couple is living apart, a legal separation in New York can protect the benefits of marriage such as health insurance. A legal separation agreement can also be used as a post-nuptial (postnup) contract. In
 addition, if a couple eventually makes the decision to divorce, some of the legal issues that were worked out during the separation can make the divorce less difficult, as many of the agreed on items can transfer to the divorce agreement. The Law Offices of Joseph H. Nivin, P.C. can start working for you today to negotiate the terms and prepare all the necessary paperwork for a legal separation agreement.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Nia Guzman is suing Chris Brown for more child support. “Nia is absurd. She’s been living in California for months and has established residency there just so she could take Chris to court in LA for more child support! The case is already in effect and Nia wants more than what they agreed upon in Houston. She wants more — way more — because Royalty deserves every opportunity that life has to offer. Chris continues to flash his gold and diamonds around on Instagram, and him buying a new Ferrari every day infuriates Nia. She’s trying to secure Royalty’s future and she wishes Chris would understand that,” a source close to Chris tells HollywoodLife.com exclusively. Attorney Joseph Nivin says: Where do I start? When you have someone who wants more child support from you, it is a terrible idea to: (1) flash your gold around on Instagram, (2) add your diamonds to your Instagram, (3) buy a new Ferrari (at all, and doing this in multiple is icing on the cake), and (4) publicizing your new Ferraris. Chris Brown needs legal advice, but that’s the least of his problems.  He desperately needs common sense. Now, let’s talk about what Chris is paying. According to the article, Chris Brown is ordered to pay $2,500.00 per month, plus 100% of his daughter’s medical care, education, and child care. The $2,500.00 per month is known as “basic support.”  That is supposed to cover the payor’s contributions to daily expenses: food, shelter, clothing, school supplies, utilities, etc.  This number is a percentage of the payor’s income (after deductions, including Social Security and Medicare taxes, and NYC or Yonkers taxes).  That percentage is 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% and up for five or more children. Where a parent is paying $2,500.00 per month in basic support for one child, that generally means that the parent has a solidly upper-middle class income.  However, there are a lot of people out there paying this amount who could only dream of affording one Ferrari. The “add-on” expenses, medical care, education, and child care, are determined by what percentage of the combined parental income is earned by the non-custodial parent.  For example, if the non-custodial parent earns $60,000.00 per year, and the custodial parent earns $40,000.00 per year, then the non-custodial parent earns 60% of the combined parental income.  Therefore, the court will order that parent to pay 60% of the child’s unreimbursed medical expenses, and 60% of the child care expenses.  The court can, but does not have to, order the parent to also pay 60% of the child’s educational expenses. The court will usually expect the custodial parent to work and earn an income.  Therefore, the non-custodial parent usually does not have to pay 100% of the add-on expenses like Chris Brown does.  However, there are many non-custodial parents who earn much less than Chris Brown who have to pay for close to all of the add-ons, often because the custodial parent’s earning capacity decreased because of child-rearing responsibilities. For these reasons, there are many men who pay as much in child support as Chris Brown, but cannot afford to enjoy the lifestyle that he brags about on Instagram. If you have a child support case, don’t be like Chris Brown.  If you’re going to brag about your riches, you better be ready to turn them over to your child’s mother. Visit our family law page for more help. http://nivinlaw.com/practice-area/family-law/