Long Island Family Law Attorney

Family law problems rarely stay confined to one issue. A disagreement about where a child will live can affect child support. A divorce can raise questions about the house, retirement accounts, maintenance and parenting time, all at the same time. An agreement that worked several years ago may no longer fit a family’s circumstances today.

At The Long Island Divorce & Family Law Group, Hornberger Verbitsky, P.C., we represent clients throughout Nassau County and Suffolk County in divorce and family law matters involving children, finances, property and family relationships.

Our role is not simply to get a case into court. It is to identify what is at stake, explain the options available to you under New York law and develop a strategy appropriate to your unique circumstances.

Quick Answer: What Does a Long Island Family Law Attorney Handle?

A Long Island family law attorney may represent clients in matters involving divorce, legal separation, child custody and parenting time, child support, spousal maintenance, paternity, orders of protection, prenuptial and postnuptial agreements, and the modification or enforcement of existing court orders and agreements.

On Long Island, some family law proceedings are heard in Nassau County Family Court or Suffolk County Family Court, while divorce and other matrimonial actions are handled in Nassau County Supreme Court or Suffolk County Supreme Court. In fact, only the Supreme Court can grant a divorce in New York. Family Court handles matters including custody, visitation, child support, spousal support, paternity and orders of protection.

Which court, procedure and strategy make sense depends on the legal issues involved and whether another case between the parties is already pending.

Why Family Law Matters Can Affect Your Children, Finances and Future

People sometimes come to us believing they have one problem. They may be concerned about custody. Then we discover that the parenting arrangement will also affect child support and the use of the marital residence. Another client may initially be focused on divorce, only to realize that business interests, retirement accounts, debt, maintenance and the children’s schedules all have to be addressed before the marriage can be dissolved.

That overlap is one reason family law requires careful planning.

A quick solution to today’s disagreement can create a much larger problem later if it does not account for the rest of the family’s circumstances. Before making significant decisions, it helps to understand not only what you want to accomplish now, but how that decision may affect the rest of the case. An experienced family court lawyer can help explain your options and the inter-dependencies of various aspects of your case.

Understanding Family Law in New York

New York family law encompasses both matrimonial proceedings and other disputes involving parents, children, spouses and former spouses. The appropriate legal process depends on the issue.

A divorce must be obtained through Supreme Court. Supreme Court can also decide the financial and parenting issues connected with the divorce, including custody, child support, maintenance and distribution of marital property.

Family Court does not grant divorces. It does, however, hear many proceedings involving custody and visitation, child support, spousal support, paternity and orders of protection. Some of these issues may be addressed in Family Court before a divorce is commenced.

Understanding that distinction matters because the existence of a pending divorce or another proceeding can affect where and how a particular issue is addressed.

Divorce and Legal Separation

A New York divorce can involve much more than terminating the marriage. Before a divorce is completed, financial and parenting issues generally must be resolved.

Depending upon the marriage, that can include:

• classification and distribution of marital property
• responsibility for marital debt
• ownership or sale of the marital residence
• retirement accounts and pensions
• business and professional interests
• child custody and parenting time
• child support
• spousal maintenance
• enforcement of marital agreements

A divorce is uncontested when the spouses have resolved the issues necessary to end their marriage. If they disagree about issues involving children, finances, property or the divorce itself, the matter may become an contested divorce.

Legal separation on Long Island is different. A couple may remain legally married while establishing rights and responsibilities concerning their finances, property, support and other issues through a separation agreement or appropriate court proceedings.

For more information, read our article on Long Island divorce attorney.

Child Custody and Parenting Time

For parents, child custody is often the most emotionally difficult part of a family law matter.

New York custody arrangements can address both decision-making authority and the child’s residential or parenting schedule. The terminology used in a particular agreement or order can vary, which is one reason we would not reduce custody planning to a simple choice between labels such as “joint” and “sole.”

The central question in a contested custody determination is the best interests of the child. Nassau and Suffolk courts consider the circumstances of the particular family rather than applying a single factor mechanically.

A workable parenting arrangement should also anticipate practical realities: school schedules, holidays, transportation, medical decisions, extracurricular activities, communication between parents and what happens when circumstances change. An experienced Long Island child custody attorney can help you understand your all your child custody options.

Child Support

Under New York law, parents generally have an obligation to support their children until the age of 21, unless circumstances enable the child to become emancipated earlier. Child support can be established in a Supreme Court divorce proceeding, through Family Court, or through a qualifying written agreement.

Calculating support involves more than looking at a parent’s salary. The analysis can involve the parents’ income, applicable statutory percentages, health insurance, unreimbursed medical expenses, childcare and other expenses. Higher-income cases and situations involving businesses, bonuses, commissions, variable compensation or disputed income may require additional analysis.

For more information, read our article on Long Island child support attorneys.

Can Child Support Be Modified Later?

Sometimes.

New York law permits modification of a child-support order upon a showing of a substantial change in circumstances. In addition, subject to statutory requirements and unless the parties validly opted out of the applicable provisions, modification may be available when three years have passed since the order was entered, last modified or adjusted, or when either party’s gross income has changed by 15 percent or more since the order was entered, last modified or adjusted.

For a reduction based on decreased income under the 15 percent provision, the statute also addresses whether the reduction was involuntary and whether the person made diligent efforts to obtain appropriate employment. The terms of an existing agreement and the circumstances under which support was established therefore matter. This is why we would not advise someone to assume that a change in income automatically changes the amount they are required to pay.

Spousal Maintenance

Spousal maintenance, sometimes still called alimony, is financial support one spouse may be required to provide to the other during a divorce, after a divorce, or both.

New York uses statutory formulas in addressing maintenance, but the formula does not answer every question in every case. The court may also have to consider statutory factors and the financial circumstances of the spouses.

For clients, the practical questions are usually straightforward:

• Will I have to pay maintenance?
• Am I likely to receive maintenance?
• How much could it be?
• How long might it continue?

Those questions should be considered as part of the overall financial structure of the divorce rather than in isolation.

For more information, read spousal maintenance on Long Island or watch our video Will You Pay or Receive Spousal Maintenance in Your Divorce.

Orders of Protection and Family Offenses

Some family disputes involve allegations of threats, harassment, violence or other conduct that may support a family-offense proceeding and an order of protection.

These cases require particular care because the consequences can extend beyond the immediate request for protection. Allegations may also affect parenting arrangements, access to the home and related matrimonial or Family Court proceedings.

A person seeking protection should understand what relief can be requested and how to document the circumstances. Someone who has been served with an order of protection should take its terms seriously and comply with them while obtaining legal advice about the underlying proceeding.

Modifying and Enforcing Existing Orders

A divorce judgment, custody order or support order does not necessarily end every legal issue between former spouses or parents.

Circumstances change.

A parent’s work schedule may change substantially. A child may develop different educational or medical needs. One parent may relocate. Income may rise or fall. A party may stop complying with an existing order.

The legal question then becomes whether the circumstances justify modification, enforcement, or another form of relief.

The standard is not identical for every type of order. For example, child-support modification is governed by specific statutory provisions, while custody modification generally requires consideration of changed circumstances and the child’s best interests.

Before taking action, our experienced family law attorneys will review the existing judgment, order or agreement. Its actual language can be just as important as what has changed since it was entered.

Prenuptial and Postnuptial Agreements

Family law planning can begin long before a dispute exists.

Prenuptial agreements can establish financial rights and responsibilities before marriage, while postnuptial agreements address certain financial and marital issues after the parties are already married.

These agreements can be particularly important when a marriage involves: business ownership, substantial premarital assets, children from an earlier relationship, family wealth, expected inheritances, significant income differences or real estate acquired before the marriage.

A carefully prepared prenup or postnup agreement should reflect the parties’ actual financial circumstances and comply with New York’s legal requirements. The objective is not merely to prepare a document. It is to create an agreement capable of serving its intended purpose if it is ever challenged.

Family Court vs. Supreme Court on Long Island

This distinction causes considerable confusion.

New York Supreme Court has jurisdiction over divorce actions. When a divorce is pending, the Supreme Court can address issues associated with the marriage, including custody, support and financial claims.

Family Court hears a range of family law matters, including custody, visitation, child support, spousal support, paternity and orders of protection, but it does not grant divorces.

For Long Island residents, that may mean proceedings in Nassau County or Suffolk County Family Court, or matrimonial proceedings in the Supreme Court of the appropriate county.

The fact that more than one court can address certain family issues does not mean the courts are interchangeable. Existing proceedings and the relief being requested can affect where the matter should proceed.

For more information, read our article on Nassau County Family Court lawyer.

Negotiation, Mediation, Collaborative Law or Litigation?

Not every family law dispute should be handled the same way.

Some cases can be resolved through attorney-to-attorney negotiations. Others may be appropriate for mediation or collaborative law. Still others require litigation because the parties cannot reach agreement or because immediate court intervention is necessary.

In mediation, a neutral mediator assists the parties in discussing issues and trying to reach an agreement rather than deciding the dispute for them. New York courts identify mediation as an option for divorce and certain parenting disputes, while also cautioning that some matters involving domestic violence, abuse or similar concerns may not be appropriate for mediation.

Collaborative law is another non-litigation process. New York Courts describe it as involving a commitment not to litigate, voluntary exchange of relevant information and an effort to develop mutually acceptable solutions, while each attorney continues to represent that attorney’s own client.

The objective is not to choose the least adversarial process at any cost. It is to choose a process that fits the circumstances and still protects the client’s legal and financial interests.

For more information, read divorce mediation on Long Island and collaborative divorce.

Nassau County and Suffolk County Family Law Representation

Family law is governed by New York law, but cases are handled in local county courts by local judges, referees, support magistrates, court attorneys and court personnel.

The experienced family law attorneys at The Long Island Divorce & Family Law Group Hornberger Verbitsky, P.C. represent clients in Nassau and Suffolk counties and understand the practical importance of knowing the local courts in which a matter will be heard.

That local experience does not change the governing law. It helps us prepare clients for the procedure, expectations and practical realities of litigating or resolving a family law matter on Long Island.

Common Mistakes in a Family Law Matter

One of the most consequential mistakes some Long Island couples commit involve a making a major decision before understanding its full legal effect.

Moving out of the marital residence, changing an established parenting schedule, signing an informal financial agreement, withholding support, transferring money or communicating angrily in writing can have consequences that were not apparent when the decision was made.

Another mistake is treating an informal arrangement as though it necessarily changes an existing court order. If a court order remains in effect, the parties should understand what is required before assuming that a different informal arrangement has legally replaced it.

Finally, avoid approaching each issue as though it exists independently. Custody, support, property, maintenance and the procedural posture of a divorce can all affect one another.

The better starting point is to identify the entire legal and financial picture before deciding what should happen next.

Discuss Your Family Law Matter With Us

Family law decisions can affect your children, your finances and your relationship with your former spouse or co-parent for years. Before making a major decision, it can be useful to understand the legal issues, the available options and the possible consequences of each approach.

Call 631-923-1910 for a Complimentary Matter Review.

The Long Island Divorce & Family Law Group, Hornberger Verbitsky, P.C. represents clients in Nassau County and Suffolk County in divorce and family law matters.

About Robert E. Hornberger, Esq.

Robert E. Hornberger, Esq. is the Founder and Managing Partner of The Long Island Divorce & Family Law Group, Hornberger Verbitsky, P.C. His practice focuses on divorce and family law matters affecting individuals and families on Long Island.