Modifying Child Support

Modifying child support used to be a difficult task. Even if a party responsible for child support loses his or her job, that party is still responsible to continue to look for work, or even become under-employed in order to stay on top of support payments. Courts have hardly been sympathetic to parties who did nothing to better their situation in those instances.

Recently, however, the New York State Child Support laws have changed to permit modifications where there has been (1) a substantial change in circumstances, (2) three years have passed since the order was entered, last modified or adjusted, or (3) there has been a change in either party’s gross income by fifteen percent or more since the order was entered, last modified, or adjusted. Parties can opt out of numbers 2 and 3 in an agreement, but not out of option one. Know more : http://lfinelaw.com/family-law/

Establish A Claim For the Tort of Negligence

In order to establish a claim for the Tort of Negligence or “Personal Injury” in New York the claimant must prove that the person or party responsible, the “tortfeasor” had a duty of care to the claimant, that the tortfeasor breached that duty of care, and that the breach of duty led to the claimant sustaining an injury.

The standard for determining whether the tortfeasor breached the duty of care falls on what a “reasonably prudent person” would have done under the circumstances. A breach can occur through the actions, or sometimes the non-actions of a party.

For example, a party who knows about a defective condition on his or her property, but fails to repair that defective condition within a certain amount of time could be held responsible if someone is injured as a result of that defect. The party’s non-actions in failing to repair the defect can lead to that party’s accountability in Court for the injury of the claimant.

Causation is important to establish as well in Personal Injury actions. An injured party is required to show that but for the negligence of the tortfeasor, the injured party would not have become injured. Our firm can help you determine if your injury was the fault of another party, and therefore actionable, under New York law. Know more : http://lfinelaw.com/personal-injury/

The Child Support Standards Act

Once custody, even temporary custody is established by one party, that party has the right to seek Child Support from the non-custodial parent. Child Support in New York is governed by the Child Support Standards Act, which is essentially a statutory formula that takes into consideration the parents’ combined incomes, and assigns each parent a pro-rata share of the support obligation. Click here to view the Child Support Standards Act (CSSA).

The Child Support Standards Act is presumed to result in the correct amount of support. Currently, the Courts in New York will apply the parents’ combined income to the formula set forth in the Act up to the current statutory cap of $136,000. Recent legislative amendments to the Act have resulted in a Cost of Living Adjustment based on the CPI index to be applied every two years. In January 2012, the amount changed from $130,000 to $136,000. The next scheduled adjustment is January 2014. Applying income over the statutory cap in child support cases is possible, and is in the discretion of the Judge or Magistrate based on the statutory deviation factors provided in the Child Support Standards Act.

A Family Court Magistrate, or a Supreme Court Judge can order child support. Child support is payable regardless of whether the parents were ever married. Cases involving unmarried parents is handled by a Family Court Magistrate, while child support matters involving divorce or separation will be handled by a Supreme Court Justice. Once child support is ordered, payments can be made directly by one parent to the other. Payments can also be made through an income execution, where the monies are taken directly from the payor’s paycheck. Child Support is not taxable as income to the recipient. Similarly, the payor of Child Support is not eligible for a tax deduction for their payments.

Besides basic Child Support, a Judge or Magistrate can order payment of additional expenses, known as add on’s, such as unreimbursed medical expenses, extra-curricular activities, educational needs and day care. Additionally, a party can be ordered to provide or contribute toward medical insurance, and may be required to hold a policy of life insurance designed as security for child support.

Failure to make child support payments is an offense punishable as a contempt of court. If a violation proceeding is brought against a payor of child support for non-payment, that violation is presumed to be a willful violation. This means the payor has the burden of proving extenuating circumstances for non payment of support. Non-payment of Court Ordered support is punishable as a contempt of court, and a party can find their drivers’ license revoked, or even be subject to jail time in the event that they lose a violation proceeding. Know more : http://lfinelaw.com/

Custody Trial

A custody trial can be one of the most stressful events for a parent to endure. There is the concern, of course, of the outcome, coupled with the effect of the trial and outcome on the children, complicated of course by the mounting costs of the litigation. During the process, both parties begin a campaign of mudslinging and life under a microscope can be stressful and exhausting for all involved.

During the court action, various applications are made for temporary custody and parenting time. The process begins when one party files a petition with the Family Court for custody or parenting time.

Then the other party can cross file creating a situation where the Family Court Judge has to decide the outcome. This will be done after a hearing or trial where the Judge will hear evidence from witnesses, and view documents all of which will determine the fitness of the parent seeking custody, or time with the child.

Often there is the appointment of an Attorney for the Child, previously known as a Law Guardian. This is a court appointed attorney who will represent the children’s interests in the custody or visitation proceeding. The Attorney for the Child will meet with the children and, depending on the age of the child or children will represent the child’s desires in the outcome of the proceeding advocating for the position of the child in which parent he or she wishes to reside with. Know more about smithtown NY Family lawyer at : http://lfinelaw.com/

Establish A Claim For the Tort of Negligence

In order to establish a claim for the Tort of Negligence or “Personal Injury” in New York the claimant must prove that the person or party responsible, the “tortfeasor” had a duty of care to the claimant, that the tortfeasor breached that duty of care, and that the breach of duty led to the claimant sustaining an injury.

The standard for determining whether the tortfeasor breached the duty of care falls on what a “reasonably prudent person” would have done under the circumstances. A breach can occur through the actions, or sometimes the non-actions of a party.

For example, a party who knows about a defective condition on his or her property, but fails to repair that defective condition within a certain amount of time could be held responsible if someone is injured as a result of that defect. The party’s non-actions in failing to repair the defect can lead to that party’s accountability in Court for the injury of the claimant.

Causation is important to establish as well in Personal Injury actions. An injured party is required to show that but for the negligence of the tortfeasor, the injured party would not have become injured. Our firm can help you determine if your injury was the fault of another party, and therefore actionable, under New York law. Know more : http://lfinelaw.com/personal-injury/

Personal Injury Law Long Island

If you or one of your loved ones is injured in an accident, you need an experienced personal injury attorney Smithtown like Lisa S. Fine who understands the practice of personal injury law in the New York Court system. Injuries sustained in an automobile, trip and fall or other type of accident must be documented by medical professionals. There are certain deadlines and timelines that must be followed in these situations to sustain your claim and insure coverage, and finding the right personal injury attorney right away is crucial.

Insurance companies will try to undervalue settlements and claim that their insured was not at fault. The accident attorney must know how to value a personal injury claim, and guide the claimant in obtaining the right treatment and gathering the right evidence to support a claim for injuries in New York courts.