Long Island, NY Child Custody Lawyer & Child Support Attorney
Certainly one of the most emotionally charged aspects of your divorce concerns your child or children. Tragically, children all too often get caught in the cross-fire of divorcing parents, when what should be ultimately important to everyone concerned is the welfare of the child.
The Child custody lawyers and child support attorneys at the law firm of Robert E. Hornberger, P.C., Attorneys and Counselors at Law in Melville, NY regularly and successfully represents Long Islanders like you in Nassau County, NY and Suffolk County, NY family courts for issues regarding:
- Child Custody
- Visitation
- Child Support
- Orders of Protection
- Neglect
Child Custody, Child Support & Visitation
The Family Law Lawyers of Robert E. Hornberger, P.C. are uniquely dedicated to protecting your interests and ensuring that the best interests your child are foremost in any Child Custody, Child Support or Visitation, case. To mitigate the stress on your child we usually try to peacefully negotiate or mediate a settlement with your former spouse. However, when the situation warrants it, our Child Support Attorneys and Child Custody Lawyers will aggressively litigate in the best interests of you and your child or children. Our successful track record in court has helped many children receive the care and support they deserve.
To protect yourself and the rights and welfare of your children with regard to Child Custody, Child Support or Visitation, you need experienced legal representation by Family Law attorneys who understand the Child Support Standards Act. Child Support Attorneys and Child Custody Lawyers at the Law Offices of Robert E. Hornberger, P.C. regularly represent Long Islanders like you in Nassau County, Suffolk County and the surrounding areas fight for your rights and the rights of your children in Child Custody, Child Support and Visitation cases.
If you are considering making an application for child support, or if you have received a summons or a letter from a child support attorney or child custody lawyer regarding child support or custody, contact the family law offices of Robert E. Hornberger, P.C. and one of our experienced attorneys will advise you on how to best protect your legal rights and the rights of your children.
Orders of Protection and Neglect
If you or your children are in danger of being hurt, either through neglect or abuse, first protect yourself and your children by calling the police. Then contact the Family Law office of Robert E. Hornberger, P.C. in Melville, NY immediately and we will take action to protect you and your children. We can help you obtain an Order of Protection or otherwise take action to protect your rights and safety. If you are considering applying for an order of protection, or if you have received a summons to appear in court to defend yourself against an application for an order of protection, contact us today to speak with a child custody lawyer familiar with the laws and courts of Long Island, NY.
Common Child Custody & Support Questions
What is child custody?
Also referred to as Parenting, Child Custody is the parent’s legal right to direct and control their child’s upbringing. Each parent has the legal right to request Custody and Visitation of their child/children during divorce proceedings. The parent who is not awarded legal Custody may still be entitled to Child Visitation to enable them to spend time with their child
What is the difference between Legal Custody and Physical Custody?
Legal Custody is the right to make significant life decisions for your child, including schooling, religious training, medical care, etc.
Physical Custody is where the child lives on a day to day basis. The parent with primary Physical Custody is often called the child’s Custodial Parent or Primary Caretaker.
How will a judge decide child custody?
New York State courts consider the best interests of the children when making any decisions regarding child custody and visitation. Judges may consider any and all of the following:
- The child/children’s primary caretaker up until now
- The home environment of each spouse/parent
- The “fitness” of each parent to be a stable caregiver (home life, lifestyle, judgment, employment, mental health, physical health, etc.)
- Current and length of residence of the child/children
- Ability of the parent to provide the child with intellectual and emotional support
- Proven ability to provide the other parent with access to the child. In other words, does the parent try to keep the other parent out of the child’s life.
- The desires of the child
- Separation from the child’s brothers and sisters, if any
- Any patterns of child abuse by either parent
- Any history of domestic violence issues
What is Child Support?
Child Support is money provided by a non-custodial parent to the custodial parent for children under the age of 21. In New York, Child Support payments are based upon a formula called the Child Support Standards Act (see How Does a Court Calculate Child Support below). Child Support payments can be awarded in Supreme Court during divorce proceedings or in Family Court as part of a Child Support proceeding (see the section on Family Court FAQs). More information on Child Support can be found on our blog.
How does a court calculate child support?
New York State courts use a number of criteria in determining fair child support payments, including:
Each parent’s net income, not including FICA, NYC or Yonkers income tax, spousal maintenance or support, and child support payments for other children.
The court adds each parent’s net income together and multiplies is by a percentage dependent upon the number of their children, as follows:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- No less than 35% for five or more children
If the parent’s combined income is $136,000 or lower, this number is then divided based upon the proportion of each parent’s net income to the combined income of both parents.
If the parents’ combined income exceeds $136,000, the court can then decide whether to apply the same formula to the income above $136,000.
Spouses may also be required to pay for other child care, education and medical expenses for the children in addition to the basic child support obligation.
Find more information on Child Support here.
The Long Island Child Support Attorneys and Child Custody Lawyers at Robert E. Hornberger, P.C. have successfully assisted many families in Nassau County and Suffolk County with their Child Support or Child Custody cases. We will be happy to show you how we can help you.
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