Child Support

When and How Can Child Custody Orders Be Modified in New York City?

Child custody arrangements in NYC should always prioritize the best interest of the children first and foremost. However, as life events and situations change; what may have worked initially may not work in the future. Let’s discuss how child custody orders can be modified in New York City below.

When and How Can Child Custody Orders Be Modified in New York

What Are the Grounds for Modifying Child Custody Arrangements in New York City?

 

The court usually requires a parent to demonstrate a significant change in circumstances from the last time the initial order was issued to consider modifying a child custody orders.

 

These changes may include:

 

  • Neglect, abuse, or domestic violence
  • A significant change in the living situation of one of the parents
  • One parent has to relocate thus making the existing arrangement unrealistic
  • Any changes to the child's health welfare or education needs

 

The Court Will Always Evaluate the Best Interests of the Child Above Anything Else 

 

Even if there is a huge change in a parent’s situation or circumstance; the court will still consider what the child's relationship is with both parents as well as the preferences of the child. If the child is old enough to declare their preferences the court will take that into consideration

 

The court will also look to see which parents can better provide a stable and safe home environment. The court will also consider any previous history of child neglect or abuse.

 

What is the Process of Modifying Child Custody Orders in New York City?

 

Step One: Consult your divorce mediation lawyer about helping you file a petition with the court that issued the initial child custody order. Usually, this will be the family court in your area where either one parent or the child lives in.

 

Step Two: Mediation prior to your court date.  Mediation is a collaborative approach that assists both parents find a middle ground for child custody and divorce related matters.

 

Step Three:  A court evaluation may be required. Sometimes the court may require an evaluation if the parenting situation is delicate. A court evaluation involves working with a neutral 3rd party such as a psychologist or social worker.

 

Step Four:  Schedule a court hearing.  The court may require a hearing if both parents fail to come to an amicable agreement via mediation. The judge will evaluate all evidence, an evaluation report (if there was one conducted), and any applicable witness testimonies.

 

Step Five:  The judge may issue a modified child custody order.  If the judge determines that a child support order modification is in the best interest of the child or children; the judge will issue a new child custody order.

 

Do You Need Help with Your Child Custody Order in NYC?

 

Contact Sabra Law Group today to speak to a New York divorce mediation lawyer at (646) 472-6971.

 

 

New York Child Support Attorney Shares How to Deal with Child Support Matters

There are so many factors to sort through when going through a divorce in New York.  If children are involved in a divorce, then child custody and child support issues also have to be worked through.  Child support can be an extremely stressful part of the divorce process.  It is imperative to understand your rights and responsibilities.  A knowledgeable New York child support attorney can help you with handling child support matters while adhering to the law.

 

Child Support Standards Act (CSSA) in New York State

 

The New York State Child Support Standards Act calculates a formula that takes both parents’ income, along with the number of children into account to determine the appropriate amount of child support.  An experienced NY divorce attorney can help educate you on the CSSA and you can also visit this resource.

 

Consider Your Financial Situation

 

It is important to be honest with yourself and realistic about your finances and financial situation.  If you are not in a position financially to pay a portion of or all the child support; bring this to the attention of your spouse and divorce attorney.

New York Child Support Attorney

Put the Interest of Your Children First

 

The court will always prioritize the welfare and well-being of the children; therefore, start planning for your children’s needs.  Some considerations include living expenses, food, clothing, schooling, and medical expenses. The court will also want to ensure that the children have the right to have both parents in their lives (while taking the safety of the children into account).

 

Consider Speaking to a New York Divorce Mediation Attorney

 

If you are finding it challenging to come to terms with your spouse regarding a child support agreement, consult a NY divorce mediation lawyer.  They can help you resolve child support matters and resolve matters in a timely manner so you can move on with your life.

 

Modification of Child Support Orders May Be Needed if Circumstances Change

 

A child support order may need to be modified if one parent loses their job or something causes the children’s needs to be altered based on specific circumstances. Consult your divorce attorney on what steps you need to take to modify your child support order if needed.

 

 

It is Important to Take Child Support Court Orders Seriously

 

 

If you fail to adhere to a court-appointed child support order, the consequences can be serious.  The court can authorize wage garnishment, seizure of assets, canceling State issued licenses and in extreme cases, it can order jail time.

 

Need Help Dealing with Child Support Matters in New York?

 

If you have tried to resolve child support matters with your spouse or ex-spouse but still have unresolved issues, contact Sabra Law Group today at (646) 472-7971.  We realize that sorting through child support matters with your ex can be mentally draining and stressful.  We can handle negotiating on your behalf and make sure that your children’s best interests are priority.

 

 

 

 

 

 

 

How to Protect Your Children from Parental Conflict During Divorce

 

Divorcing couples may not agree on much but one thing that they can probably agree on is that they both want what is best for their children. Divorce is a very difficult and stressful time and children will feel the toll of divorce as well. The good news is there are some ways that you can protect your children from parental conflict during divorce.

 

If your children are old enough to understand what divorce really means, make sure that you are not getting into details with them about your frustrations with your ex. Even if you have teenage children and they ask you why you are angry with your ex; it is best not to vent to your children.

 

Just as you would not want your spouse to badmouth you to your children; it is best to have the same respect for your spouse as well.  Children are very sensitive to their environment, and it is best to create a safe and healthy environment for them. 

 

It is Best to Avoid Parental Alienation

 

Parental alienation happens when one parent influences a child into disengaging with the other parent, usually by speaking negatively about the other parent. The parent who is speaking negatively about the other parent may also refuse to coordinate time sharing and be uncooperative in the co-parenting process.

 

That is going to be extremely difficult on children because children want to be loved by both parents, they want to be accepted by both parents and they want to be loyal to both parents.

 

Parental alienation can also result in serious psychological and emotional issues that may impact your child custody case.

 

If you're struggling with divorce and need someone to talk to, reach out to a trusted friend or consider seeking the help of a qualified therapist or counselor.

 

Do Not Deny Parenting Time to Your Ex

 

No matter how old your children are children need both of their parents to be involved in their lives.  It would not be fair to keep your children from the other parent.  If you are trying to punish your ex by keeping them from their children, it also punishes your children.  Children do not deserve to be placed in the middle of a parental battle. 

 

Learn How to Effectively Communicate with Your Ex

 

Part of the co-parenting process is to be flexible. The more flexible you are, the easier it will be to get along with your ex and ensure that your children are not impacted negatively by the divorce process. The are parenting courses available online where you can learn ways to effectively co-parent and there are co-parenting apps that both you and your ex can use to communicate about the children and share documents, events, and calendar all in one place.  So look for resources and ways in which co-parenting can be made easier for you.

 

Speak to a Manhattan Divorce Mediator to Help with Parental Conflict

 

You do not have to figure it all out alone.  Reach out to Sabra Law Group today to schedule a confidential consultation at (646) 472-7971. 

 

 

 

 

 

 

 

 

How Divorce Mediation Can Help You Sort Through Child Support Issues in Manhattan

How Divorce Mediation Can Help You Sort Through Child Support Issues in ManhattanIf you are contemplating divorce, the way ahead may not seem clear. Many issues need to be decided, and the most contentious of these may relate to your children.

Mediation is a common-sense alternative to litigation when you are divorcing. One of the reasons why mediation works so well is that it can be used to settle even the most complicated matters, such as child support issues.

Divorce Mediation Works for Families

When a separating couple cannot agree on settlement terms, divorce mediation is a smart method for untangling even the most complex issues.

It's not unusual for couples to be unable to come to an agreement with regard to child support issues. Whether you expect that you will be paying or receiving child support, this remains one of the most hotly-contested questions.

Part of the problem is that no two families look or function in precisely the same way. A workable child support solution that's perfect for one family may be a disaster for another. Unfortunately, if you decide to go to court to settle child support issues, you're likely to end up with a one-size-fits-all solution.

Divorce mediation is your opportunity to create a unique child support arrangement that is ideal for your family's unique situation.

Getting the Facts About Income

Engaging in divorce mediation makes it possible for both sides to get a clearer picture with regard to the earnings of the opposing party. Chances are good that both parties already have rough ideas, but mediation necessitates disclosure of all sources of income so that a more equitable arrangement can be reached.

Even if it ultimately is not possible for a couple to settle child support issues during divorce mediation, going through the process will provide essential evidence that the court can use to make its calculations. In some cases, the mediator is called upon to give a professional opinion about which income should and should not count in child support calculations.

Is It Possible to Agree to No Child Support?

This is a possible outcome, but only if both parties agree that no child support is necessary. If an agreement for no child support cannot be reached in mediation, be prepared for the court to decide this question.

Help with Child Support Issues and More

Contact Sabra Law Group today at (646) 472-7971 to learn more about how beneficial divorce mediation in Manhattan can be.

 

 

 

 

 

 

 

 

 

                                                      

 

 

What Type of Expenses Are Covered Under Child Support in New York

One of the most important factors to sort out during a divorce is child support. For parents who have children, their main goal is to make sure that their children will have the financial resources they need for their health and financial well-being.

Who Typically Pays for Child Support in New York? 

Usually, the non-custodial parent pays for child support (a parent that has fewer visitation rights or parenting time with the children) to the custodial parent.  The custodial parent is the one that the children live with most of the time.  

In addition to the standard child support obligations, parents may also have to cover school and educational expenses, healthcare costs, childcare expenses, and any costs that are related to extracurricular activities and summer camp for their children.

School and Educational Expenses

School and educational expenses can include enrollment fees, school supplies, school uniforms, or any other related expenses regarding education. Furthermore, if the children will also be attending a private school there will be tuition involved; therefore, the parents do need to determine how to divide the cost of the tuition. 

Another important consideration is tutoring. If your child needs extra help with their coursework and curriculum outside of school then there may need to be a discussion around how parents will pay for a tutor or other special services for their children. 

Daycare and or Babysitting Expenses 

For working parents, another important consideration will be daycare expenses or expenses to pay a babysitter while the parent is working. More than likely these expenses be split, however; it will depend on each family's unique situation.  

Health Insurance and Health-Related Expenses 

While one parent may have the children under their company health care plan, the other parent may be asked to contribute to this plan (again it will determine it will depend on both parents’ unique circumstances). 

Other health care costs can include copays for doctor visits, cost of medication, cost of treatments or even paying for a psychologist for any psychological-related health issues.

Sports and Extra-Curricular Activities

An essential part of children's development is their involvement in extra-curricular activities and sports programs. If parents choose to enroll their student in things such as ballet, tennis lessons, piano lessons, dance classes, gymnastics or any other programs that may require an investment, this also needs to be factored into the child support payments.

Need Assistance with Child Support Payments in New York?

If you are going through a divorce and need assistance determining who should be paying for child support and ensuring that your children have the financial resources they need during and after divorce, contact Sabra Law Group today at (646) 472-7971.

 

 

 

 

 

 

 

 

 

How Does Having Multiple Children in Multiple Households Impact Child Support in New York

Multiple Children in Multiple HouseholdsChild support can be a confusing topic for those who have never dealt with it before. While there are many formulas out there for determining support, it can be more difficult to get information if your situation doesn't fit the standard examples. One important question that should be asked, for example, is how child support in New York works when there are multiple children in multiple households. 

The amount of child support in New York owed by a non-custodial parent is based on his or her Adjusted Gross Income (AGI). The combined AGIs of both parents will be combined to create a household income, and then the non-custodial parent will owe child support based on the number of children in the household and the percentage of the household income that the non-custodial parent's AGI makes up. 

When a parent has multiple children in multiple households, the same sort of formula is going to be used. What changes, though, is the parent's AGI. The amount of child support paid to the first household will be deducted from the AGI of the non-custodial parent when determining child support for each subsequent household.

For example:

If Parent A has an AGI of $100,000 a year and that 100,000 a year represents one hundred percent of Household 1's earnings, the basis for determining child support for the children in Household 1 will be based off of that AGI. In this case, let us say that there is one child in the household, so he or she would pay about $17,000 per year in child support. 

If Parent A then owes child support for a second household, Household 2, then Parent A's AGI would be his or her total AGI less the child support payment that he or she makes towards Household 1. In this case, the AGI that forms the basis would be $83,000 ($100,000-$17,0000), and with one child he or she would then owe $14,100 per year in child support to that household.

As you may be able to see, the household that is able to file for child support first gets a significant monetary advantage over each subsequent household. As such, it is always important to file for child support quickly once parentage is established or once any form of separation agreement begins.

If you are dealing with child support issues, it's vital that you work with an attorney. Doing so not only gives you a chance to find out what your child deserves, but it gives you the representation you'll need to interact with the legal system. When you're ready for help, make sure to contact the Sabra Law Group at (646) 472-7971.

 

 

 

 

 

 

 

 

 

How to Handle Divorce When Children Are Involved

It can be complicated to get divorced when children are involved.  When children are involved in a divorce, the amount of topics and areas to sort out with your spouse substantially increase. 

There are many factors to take into consideration.  Decisions will have to be made pertaining to child support and child custody. It is also a good idea to come up with a parenting plan which outlines details of how the children will be cared for. 

Follow the below tips to make the divorce process a bit easier when children are involved:

  1. Try to stay on good terms with your spouse: it may be difficult to avoid arguments with your spouse, however, keep in mind that you will have to interact with them indefinitely.   When children are involved, you will have to communicate with your spouse to coordinate parenting time with your children, and as they grow older, to coordinate their after school activities and other aspects of parenting.  Imagine what it would be like for your children if they were to see you arguing with your (ex)spouse all the time versus if you and your (ex)spouse were to become masterful at co-parenting.  Do your best to preserve a cooperative relationship with your spouse so it makes it easier on the children.  It may not be easy, and there are many books that discuss this topic.   
  2. Be mindful of the appropriateness of “adult” issues and exposure to your children. The details of your divorce are painful for you, it could only be even more painful to your children should they learn of them. You may be tempted to vent to your children, however, it would best to protect them by withholding the details of the divorce and reserving any such thoughts, comments and venting for a session with a therapist or life or divorce coach.  Be mindful not to leave divorce papers out in the open where your children may get access to read them or leaving your computer open where your children might see that email discussing some of your divorce matters. 
  3. Determine an effective way of co-parenting: try to have respect for your spouse’s decisions and keep an open mind.  You may not agree with every decision your spouse makes, however, make an effort to see it from their point of view.
  4. Get outside assistance:  seek assistance from a specialist who can help you.  The specialist should be trained in child psychology.  This will help your child get through this difficult time if they are having trouble dealing with all of the changes that come with divorce.

Questions About how to Handle Divorce When Children Are Involved?

Contact Sabra Law Group today if you need assistance with parenting plans or divorce mediation.  You can reach Sabra and schedule an appointment at (646) 472-7971.

How to Determine if a Parenting Plan in New York Can Be Changed

While there may be many complicated issues to work out in a divorce, the one thing that most couples can agree on is that they both want what is best for the children.

In order to ensure the welfare of the children, it is imperative to have a parenting plan that has been carefully orchestrated.  When drafting a parenting plan, it is important to consider the long-term and not just the short-term. 

Once a Parenting Plan is Finalized with the Divorce Decree Can It Be Changed?

The parenting plan can only be changed under certain circumstances; for example: both parents can agree to modify an existing parenting plan whenever they choose to do so.

One of the simplest ways to modify an existing parenting plan is for both parents to agree on modifying the plan.  If you feel that the current parenting plan does not meet the best needs of the children or is lacking certain factors, consider having an open and honest conversation with your spouse to see if you can come to an agreement on the suggested modifications.  Once you can both agree on the modifications, the process is quite simple:

  1. Draft a new parenting plan
  2. Both parties need to sign the new plan
  3. Then it has to go to the court for their signoff
  4. Once the court signs off on the new plan, it becomes official

Can a Parenting Plan Be Changed to Reflect a New Schedule or Changes in Schedule?

Yes, a parenting plan can be changed due to schedule conflicts.  Whether the schedule conflict has to do with one parent’s new job or a child transferring schools, it may require a change to the parenting plan that once was a good fit but now no longer serves its purpose. 

If the Changes to a Parenting Plan Are Significant, There Must Be Valid Reasons

Changes cannot be made to a parenting plan just because one parent decides that they want changes.  There must be good, valid reasons that directly impact the children’s best interests. 

Need to Make Changes to an Existing Parenting Plan, Consult a Mediation Attorney

If you need to make changes to an existing parenting plan and need some guidance, it is best to consult a knowledgeable mediation attorney who can guide you along the way.  Contact Sabra Law Group today for a confidential consultation at (646) 472-7971.

Manhattan Child Custody Lawyer Explains Drafting an Effective Parenting Plan

Parenting during and after a divorce can be a challenge even in the best of circumstances. What makes a parenting plan so beneficial in these situations is that you and your ex-spouse get to set the parameters of the plan without allowing the court to impose its own constraints. This means that you have greater control over your parenting decisions.

There will necessarily be compromise involved in drafting an effective parenting plan. The more that both sides can agree to some flexibility in terms of scheduling and daily arrangements, the less time and money you will spend ironing out small details. The most important aspects of the plan to decide on are the health, educational and well-being decisions on behalf of your child. Setting clear guidelines as to how the parents will communicate and act with respect to major decisions in the child's upbringing makes for a much easier transition for all parties involved.

An effective parenting plan will also include some contingency planning. This means setting some guidelines for what will happen in the event of an emergency and how parents will contact each other if something happens to the child. Having a plan in place ahead of time can hedge off any miscommunications and misunderstanding about how emergencies will be handled. These are some of the most important things for the parents to agree upon at the outset.

Other topics of consideration include:

  • Vacations
  • Holidays
  • Birthdays
  • Extracurricular activities
  • Passport and birth certificate
  • Relocation
  • Higher Education
  • Overnight guests

Contact an Experienced Manhattan Child Custody Lawyer Today

To learn more about what an effective parenting plan could look like in your situation, call (646) 472-7971 and schedule an appointment for your mediation in New York. Sabra Law Group is ready to assist with all of your divorce and child custody mediation needs in New York. Find out why so many couples are turning to this convenient and cost-effective method of navigating divorce and legal parenting issues through divorce mediation in New York.

Manhattan Divorce Mediator Shares How to Protect Your Children’s Confidence After a Divorce

Most divorces are not as simple and straight-forward as we would like them to be.  Divorce can be complicated and involve quite a bit of conflict, but the worst part is that your children will go through so many emotions during their parents’ divorce.  It is imperative to support your children during this stressful time and ensure that their confidence and self-esteem is not shattered so that they maintain their self-confidence both during as well as after divorce.

Conflicts that commonly arise during a high pressure divorce can also cause stress in children, as a result that stress can impact their social skills, confidence, grades, and even friendships.

Follow These 5 Tips to During Divorce to Protect Your Children’s Confidence

  1. Don’t put your children in the middle of the divorce: during a divorce there are many issues that need to be sorted through amongst the parents.Don’t make your children the messenger if you do not wish to communicate with your spouse, instead seek the assistance of a savvy Manhattan divorce mediator who can mediate on your behalf. It is crucial to keep your children out of conversations that have to do with the custody battle, visitation schedule, or shedding a less than positive light on your spouse.
  2. Make time for your children:yes, the demands of work, dealing with divorce matters and everyday life can get in the way, however, it is more important now than ever to be there for your children and make time for fun activities.Children need to feel secure and loved and it is important to have family time for fun activities.
  3. Get your children more involved in extra-curricular activities: make sure your children can pursue extra-curricular activities at church or school that they are passionate about.This also allows them to be surrounded with their peers and keeps them active; staying active will make for a healthier mind and body.
  4. Show your children that you appreciate them:remember to praise your children on their grades, after school activities such as sports, band or any other activity that they may be involved in.Children need validation and appreciation for their efforts.It is important to spend time talking to your children on a daily basis and determining where their interests reside and also accessing when they need help.
  5. Learn to resolve disagreements with your spouse in a positive manner: Remember, it’s not what you say, it’s how you say it.If you need to have a conversation that is difficult with your spouse, carefully think it through before speaking and then approach it in a calm manner.You never know when your children may be eavesdropping on your conversation and it is best to maintain calm.

Contact a Manhattan Divorce Mediator if You Need Assistance

If you are having difficulty sorting through difficult issues that arise during a divorce, contact an experienced Manhattan divorce mediator who can assist you with coming to an amicable resolution.  To learn more about divorce mediation, contact Sabra Law Group today at (646) 472-7971.