Going through a legal battle of any kind in Fairport, NY is difficult. However, when your family is involved, it can be especially emotional and painful to go through the legal process. The family law sector of the legal system lays out different processes and criteria for legal situations involving one’s family or close domestic partners. The topics of these cases range from divorce to child custody to spousal maintenance, and they can all affect the way your family operates.
If you are going through a family law case, it is important to know that you do not need to go through it alone. With the help of an experienced Monroe County family attorney, you can have an advocate to ensure that your voice is heard in court. We can also help you to understand all the complicated legal processes that you encounter and ensure that you can make empowered and educated decisions regarding your family.
Our team at Trotto Law Firm PC is here to help you with any family law case that you may encounter. In the over two decades that we have been in business, we have helped hundreds of New York families to traverse complicated legal cases involving their loved ones. These experiences give us an advantage in the courtroom and make us extremely well-poised to represent you and your family.
We are always sympathetic and patient with our clients because we know how emotionally difficult family law cases can be. Our priority is ensuring that you have all of the information you need to feel confident about your case and show you that you are not alone.
Though we act this way with you, you can rely on our tenacity and aggression in court. We fight ruthlessly for you and your family and do not allow anyone to take advantage of your situation. You can rest assured that we will fight for you throughout your family law case.
No other area firms have the same caliber of experience as we do at Trotto Law Firm PC. We are your best option for Fairport family law representation.
Family law is a large category of the legal system. Just like criminal law or personal injury law, there are many subcategories of family law that represent the various legal issues that can arise. It is important to understand the basics of these categories so that you can identify your case and prepare for the unique process that accompanies it.
One of the most emotional categories of family law is child custody. During these negotiations, parents must determine where their children will grow up and how they will be parented. Sometimes these negotiations happen after a divorce, and sometimes they occur when the child’s parents both want to care for the child, but they are not cohabiting or married.
A parent may receive full custody of the child, where they are responsible for being the child’s guardian at all times, while the other parent has no right to see or parent the child. Partial custody or shared custody means that both parents share custody. Visitation means that one parent has most of the custody while the other has the legal right to see or visit the child for a predetermined number of hours per month.
In cases of partial custody and visitation, one parent handles the majority of the burden of childrearing while the other has a smaller portion. To make their contributions equitable, the parent with less custody may be asked to pay child support. These payments help to make their contributions more even.
Child support may also be necessary if one parent has a much higher income than the other.
Divorce is a common family law topic, as a large portion of marriages do not last. During a divorce, you will have to undergo asset division. This is where your marital property is split evenly between you and your spouse. Marital property includes any property acquired during your marriage, such as houses, cars, investments, savings, and even debts.
New York is not a community property state, meaning that any property that you owned before your marriage does not necessarily become marital property when you get married. You may get to retain your assets predating your marriage.
If one spouse makes the bulk of the income or one spouse sacrificed their career to care for the home and children, spousal maintenance may be appropriate. These are monthly payments that help to support a lower-earning spouse after a divorce. They can help to maintain their lifestyle and ensure that they start their new life with financial stability. Most spousal maintenance payments last for a predetermined amount of time, but if the marriage was a long one, the payments may be indefinite after divorce.
It is natural for your circumstances to change, even after one of the above agreements has been made. If you need to make changes to an agreement, you should do so through the court system. If you do not, the new agreement will not be legally enforceable. During a modification, the court will reassess your situation and determine the best terms for a new agreement. Any type of family law agreement can be modified.
Many people wonder whether a family law attorney is always necessary. Though it is not legally required for you to have an attorney for family law cases, it is absolutely in your best interest to hire one. Family law negotiations can become hostile, even in the most amicable of situations. When you have an attorney, you can defend against any false claims and ensure that the court hears your perspective.
When you are fighting on behalf of your family, it is important to put your best foot forward and hire an attorney. Your family is worth investing in a professional to ensure that your future has a solid and legally binding foundation.
Family law cases will cost different amounts depending upon your circumstances. Many cases have court fees for filing, which are generally reasonable amounts. Your attorney’s charges will depend upon their experience, history, and pay structure. You may also lose money if you lose assets during asset division. Finally, you may end up having to pay child support, which is another added cost. It is difficult to say what your case will cost without specific details.
A father pays child support that is proportionate to his income and his child’s other parent’s income. If a father shares child custody with his child’s other parent, he may not need to pay child support at all. If a father has the majority of the custody of his children, he may be owed child support. Payments are not reliant on the parent’s gender or title.
In a small number of cases in which a parent makes very little money, they could be obligated to pay only $50 per month in child support. This is for cases in which the parent is above the poverty line but below the line of Self Support Reserve. Usually, the income percentages for child support are 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children.
The child’s needs, both parents’ income, and the amount of custody that each parent has determines child support in New York. Parents need to make equitable contributions to their child’s upbringing. If their custody obligations are not equal, they can make their contribution fair through child support payments. If both parents have equal custody and make similar incomes, no child support is necessary because the situation is already equitable.
No. The parent’s gender is not a determining factor in child custody cases. The court looks at the capacity of each parent and the safety of the children. If a parent can provide a stable, loving, supportive household, they are likely to get custody. After a child turns 12, they may be able to state a preference for who they would like to live with, but the court primarily looks at the safety and well-being of the child.
When you are facing a family law case, it is easy to feel confused, lost, and upset. Our firm is here to represent you and make sure the process proceeds as smoothly and painlessly as possible. We have your best interests in mind and are ready to represent you in your family law claim.
For more information about our firm, our services, or how we can help in your case, please contact Trotto Law Firm PC online today.
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