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What’s the Difference Between Getting Child Support in Family Court or Supreme Court on Long Island

by | Aug 14, 2018 | child custody and support, News and Events

After many years working with countless Long Island parents on the issue of Child Support, I’ve seen the same dilemma many times over. The parents are in the middle of their divorce, or, are contemplating beginning their divorce and the residential parent is not receiving Child Support from the non-residential parent. It’s been an extended length of time, and now resources are running low for the residential parent. He or she feels that there is no other option, but to file for child support. If the parties are in the middle of a divorce, they are already before a Supreme Court judge. However, when dealing with child support specifically, Family Court is usually the faster route. Notwithstanding, there are some risks associated with filing for child support in Family Court during the pendency of your Divorce on Long Island.

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Financial Disclosure is Different in Supreme Versus Family Court on Long Island

During your Divorce in a Long Island Supreme Court, there are many different aspects to Financial Disclosure. Typically, both parties exchange Statements of Net Worth which contain information regarding Gross Income, Assets, Liabilities, and other Financial Data. Both parties are required to fill this out, and the Statements must contain your W-2’s, Income Tax Returns, and a copy of your retainer with your attorney. This allows both parties, and the court, to have a well-rounded picture of each parties’ finances to determine the obligations of each party, and, the excess income of each.

Alternatively, in Family Court on Long Island, the Support Magistrates are working with a calendar that may be twice as busy as that of a Supreme Court Judge. That is just the nature of Family Court. Financial Disclosure does not delve as deep as it does in the Supreme Court. Although you will likely receive a Child Support Order faster, the Family Court will not have all the information available that a Supreme Court on Long Island would. This can drastically affect the child support obligation placed upon each party.

What Happens if I have a Family Court Child Support Order?

If you have a Divorce pending in Supreme Court on Long Island, and, you obtain a Family Court Child Support Order, the Supreme Court will enforce that Order as its own. This means that your Divorce Agreement will reflect the fact that you already obtained a Child Support Order. Absent an agreement between you and your spouse, you will not be able to modify that Order.

There are a few ways you can modify a Child Support Order, but it is very unlikely that these avenues will be available to you during your Long Island Divorce if you simultaneously seek a child support order  from Family Court on Long Island. Therefore, it’s important to know that you will continue to be bound by the Family Court child support order during your divorce, as well as after the conclusion of your divorce.

Have Questions About Child Support in Supreme or Family Court on Long Island? We Can Help

Child Support is a very complicated and important matter. It’s important that you understand your rights and responsibilities when support for your children is at stake. It’s crucial for you to have an experienced Long Island Family and Divorce Law Attorney by your side to protect your interests, and those of your children. Contact our Long Island Divorce & Family Law firm at 631-629-2545 to set up your free consultation with one of our experienced Family Law attorneys.

 

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Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
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Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
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Rob Spielmann
22:15 27 Feb 20
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