Your Family Matters

Answers To Your Frequently Asked Questions

How can I get a temporary restraining order?

If you’re a victim of domestic violence, a Family Law Attorney can help protect you and your family to obtain a temporary restraining order, known in New York as a temporary order of protection. The Law Offices of Joseph H. Nivin will work swiftly to submit a family offense petition on your behalf. If someone has made false allegations against you which have resulted in a temporary order of protection, you’ll need to hire a New York attorney to defend you in court. “Family offenses” can include disorderly conduct, harassment, sexual misconduct, stalking, assault and more.

How does child custody work?

You need an experienced New York Child Custody Lawyer to help you to navigate the complexities of child custody, child support, visitation and divorce law. Joseph H. Nivin protects the rights of children, parents, grandparents and legal guardians. Here are a few factors that a Family Court will consider to determine what is in the best interest of the child.

  • The parental guidance the custodial parent provides for the child.
  • The ability of each parent to provide for the child’s emotional and intellectual development.
  • The financial status and ability of each parent to provide for the child.
  • The overall relative fitness of the parties and the length of time of the arrangement.
  • One parent’s use of “self-help” to remove the child from the other parent’s custody.

How is child support determined?

A New York Child Support Attorney can, request a support order on your behalf, and represent you if a support petition has been brought against you. Joseph H. Nivin is an experienced Queens Child Support and Paternity Lawyer who will explain how child support works, and explain the New York state guidelines that will determine the child support order that will be issued. In most cases, the Court will add the parents’ incomes together and apply a percentage to calculate child support obligation. If the combined parental income is more than $143,000.00, then any child support applied to the income above that amount will be based upon the needs of the child or children.

  • One child – 17% , two children – 25% , three children – 29%, four children – 31%, and no less than 35% for five or more children.
  • The Court will determine what percentage of the child support obligation belongs to the noncustodial parent, by pro-rating the parents’ incomes. Read more.

Can the Court change child custody?

It’s common in New York Family and Supreme Courts for parents to ask for custody modification. The Court will require a full hearing before changing custody unless there is an imminent risk to the child’s health and/or safety. As a New York Custody Lawyer, Joseph H. Nivin will fight aggressively to protect your right to raise your child. Read more.

I am the custodial parent. Can my ex lower the amount that I’m getting in child support?
For someone to receive a child support modification, the person seeking the modification needs to prove that a change of circumstances has taken place, through no fault of his or her own. New York Child Support Attorney, Joseph H. Nivin will provide important guidance, file documentation and prepare you for the child support hearing to ensure your ex provides the financial support your child deserves, and in an amount consistent with your ex’s earning capacity.

How does child custody work during a separation?

Regular time with your child is a fundamental right. In almost every case, the parent who does not get custody gets an order of parenting time, also known as an order of visitation. The Court cannot deny you time with your child unless the other parent can prove it would endanger the child. New York Family Law Attorney Joseph H. Nivin will protect your right to spend quality time with your child and answer questions about your desires for child custody after divorce. Decisions regarding child visitation rights can be the most important decisions that you will make during your divorce or separation.

How can I protect my child from abuse and neglect by the other parent?

Victims of domestic violence, abuse, and other violent or dangerous behaviors are protected under both federal and state laws. Joseph H. Nivin will petition for a domestic violence order of protection, and represent you and your child in Family and/or Supreme Court. These proceedings are called family offense proceedings. Mr. Nivin is an attorney who regularly appears in Family and Supreme Court. He is available to represent you in Queens, Brooklyn, Bronx, Westchester and Nassau.

My spouse is trying to get more child support. What are my rights?

In a case where a spouse is seeking additional child support, The Law Offices of Joseph H. Nivin, P.C., will discuss child support standards guidelines and explore your options to ensure that your obligation is consistent with your abilities. Factors that the court will consider include your income, the needs of your child or children, the amount of time that you have with your child or children, your ex’s income, and your educational needs.

As a divorced parent, can I move my child out of state?

As a New York Family Law Attorney, Joseph H. Nivin sees many cases where the custodial parent wishes to relocate with the child. The Court will look at several factors, including each parent’s reasons for seeking or opposing the move, the quality of the relationship between the child and the custodial and noncustodial parents, the impact of the proposed relocation on the child’s future ability to have contact with the noncustodial parent, and how the child’s life may be enhanced economically, emotionally and educationally by the move.

I’ve been falsely accused of abusing or neglecting my child. How can I fight these allegations?

Parents who make false allegations of abuse and neglect can, and do, lose custody as a result. New York Family Law Attorney Joseph H. Nivin will work aggressively to protect your relationship with your child by building a case to prove to the Court that the allegations of abuse and neglect are false, and in some cases, request a child custody modification. Mr. Nivin is also available to represent you if you have been falsely accused of child abuse or neglect by the Administration for Children’s Services and/or the local Department of Social Services. Mr. Nivin will give you advice about handling the investigation. If your case is “indicated,” meaning that the agency finds some credible evidence of abuse or neglect, then Mr. Nivin is available to represent you at a fair hearing to clear your name.

Contact Us For Additional Information

For more answers to your family law questions, call our Forest Hills office at 877-704-9920, or contact us online.