Helping You Protect Your Family
All parents want their children to have the best possible childhood. Parents going through divorce often fear the impact that a custody dispute might have on the children. Our attorneys at Strauss Kallus Kimple Dumais, PLLC, are aware of these concerns and keep the child’s best interests in mind when handling child custody cases.
At Strauss Kallus Kimple Dumais, PLLC, our Goshen child custody and support lawyers help families throughout Orange County and the surrounding areas of New York to resolve their concerns while minimizing the potential for long-term emotional damage to the children involved. We aim to make the legal process easier by providing clients with honest answers and clear explanations of the law. Our philosophy in family law is to work hard to resolve differences, minimize damage and respect the dignity of all concerned.
Committed To Protecting Your Children’s Best Interests
Child custody does not have to be a stumbling block in your path through divorce. Our firm has had great success in resolving this difficult issue through the use of negotiation, mediation and collaborative law approaches. If litigation is necessary, we have the strong background in trial advocacy that is required to reach a successful result.
We can help you with a variety of child custody concerns, including:
- Sole and joint custody cases
- Neglect and abuse
- Domestic violence
- Paternity and fathers’ rights
- Custodial parent relocation
- Child visitation
- Interstate custody disputes
- ICARA and Hague Convention cases
- Post-divorce modifications to child custody and visitation orders
At Strauss Kallus Kimple Dumais, PLLC, we are ardent and committed advocates for the rights of children in divorce. One of our founding attorneys, Barbara J. Strauss, has taught parenting classes, been appointed to serve as a children’s law guardian and has received an award of merit from the National Center for Missing & Exploited Children. Ms. Strauss’s commitment has given our firm experience in complex interstate and international relocation cases.
We understand that every divorce is different. We try to achieve the right legal solutions for each unique situation. Our success is a direct reflection of our commitment to listening and giving clients a meaningful voice throughout the process.
In many cases, we can resolve difficult divorce issues such as child custody or property division through negotiation or the dispute resolution approaches of mediation and collaborative law. However, if results cannot be achieved through these methods in your case, you can rely on our years of courtroom experience to effectively protect your interests in trial as well.
Understanding The New York Child Support Guidelines
In New York, the basic child support obligation is set by determining the noncustodial parent’s adjusted gross income, which is generally gross income minus social security tax, minus spousal maintenance and support ordered for other children. There may be add-ons for day care, education and health care costs.
Once the adjusted gross income of the noncustodial parent has been calculated, it is multiplied by the following percentages to determine the appropriate amount of child support in each case:
- 17% – one child
- 25% – two children
- 29% – three children
- 31% – four children
- 35% – five or more children
The court can vary the percentages where the noncustodial parent’s income is great or where it would be inappropriate or unjust to apply the percentages. How long child support is required varies from state to state. In New York, the age of emancipation is 21 years. Where a child support order was originally set in another state, the age of emancipation in that state may be applied.
Frequently Asked Questions About Child Custody And Support In New York
When the future of your children is at stake, you may have many questions and concerns. Our attorneys are here to explain and ensure that you understand every step of the process. Please see some answers to frequently asked questions below.
What does custody look like in New York State?
In New York, child custody determination always takes the best interests of the child into consideration. For parents, this may mean that the child splits their time between them or lives with one parent permanently. If you and your former spouse cannot agree on a parenting plan and custody arrangement, the family court will intervene and decide on your behalf.
Can I get full custody?
In New York, child custody is separated into two categories: legal and physical custody. Legal custody refers to the decision-making power a parent has over important parts of their child’s life. Decisions may relate to education, medical decisions, extracurricular activities and religious upbringing. Physical custody refers to which parent the child physically lives with most of the time.
Joint and sole custody are both options in New York. In a joint legal custody arrangement, both parents share decision-making power. If joint physical custody is awarded, the child will split their time between the parents approximately equally. Sole custody is a possibility, depending on your unique circumstances and if it is in the best interests of the child. It is typically reserved for situations where one parent is absent or unfit.
How is child custody determined in New York?
In New York, courts consider the best interests of the child as the most important factor in determining child custody arrangements. In considering their best interests, the judge may look at the financial, physical and mental stability of each parent, which parent is the primary caretaker and the child’s wishes.
You Can Rely On Us To Advocate For Your Best Interests
You don’t have to fight for custody or child support alone. Our attorneys will be there for you through every step of the process. To schedule a consultation, call us at 845-360-2094 or complete our online contact form. From our Goshen office, we can assist clients throughout Orange County and the surrounding areas.