Child Support

How to Develop a Parenting Plan in New York That Works

If you are going through a divorce in New York and have children, it is important to develop a comprehensive parenting plan so that the parenting of the children is clearly outlined.

There are two parts to an effective parenting plan; part 1 involves establishing custody and visitation and part 2 involves everyday schedule and routine activities of the children.

Part I. Establishing Custody

  1. Determine what the normal schedule will be:the first step in this process is to figure out who the child will live with and how often the other parent will get to spend time with and visit with the child (also referred to as parenting time).There are a couple of different scenarios that can occur:joint custody or sole custody.
  2. Create a plan for how to deal with holidays and vacations:determine which holidays will be spent with which parent.It is also important to determine a plan for travel and vacations.Will one parent allow the other to take the child out of the country for summer vacation? If one parent gets to see the child on the weekends, will that parent make an exception for Father’s Day weekend and let the child spend the weekend with his/her dad?
  3. Allow for special circumstances:there may be instances in which the child may be sick and it may be best for the child to remain at home and not be sent to the other parent.For example, the child may want to attend a friend’s birthday party that is closer to one parent than the other so it would make more sense for the child to remain with the parent closest to the party.
  4. Set guidelines for who you trust around your child or not:the first concern should be the safety and welfare of your child, so it may be best to outline who you allow your child to be around and who you do not.
  5. Determine how the child will be transported from one parent to the next:will the child be dropped off or will the non-custodial parent be picking up the child?

Need Help Developing a Parenting Plan in New York That Works?

Contact the Sabra Law Group for a confidential consultation on developing an effective parenting plan at (646) 472-7971.  You can also check out Part II. In our next blog that will cover establishing everyday activities and normal schedule of a parenting plan.

How to Determine if Your Child is Having a Hard Time Dealing with Divorce

Some parents are so caught up in the divorce process and their own sadness that they may tend to overlook the fact that their child is also struggling with the thought of their family being torn apart. 

 

If your child is old enough to truly understand the meaning of divorce, it is likely that  he or she will not accept this change in family dynamics easily.

 

Below are some warning signs to be aware of:

 

  1. Withdrawal: if your child has suddenly lost interest in hanging out with friends or family members that they are normally fond of, this could be a sign that your child is suffering from dealing with the divorce.
  2. Sudden Outbursts: your child has episodes of yelling and screaming that seem to come out of nowhere.  It seems that every little thing now sets  your child off, whereas, in the past your child was easy going and happy-go-lucky. 
  3. Trouble Sleeping: stress can disrupt normal sleeping patterns and it is important to take note if your child is complaining about not being able to sleep at night.
  4. Nightmares: if your child is complaining about nightmares, subconscious fears of loss and abandonment can cause nightmares. 
  5. Harming Oneself: this one can be a cry for help and/or attention. Your child may be trying to tell you that he or she needs more of your time and attention
  6. Grades Start to Drop: if your child normally is a straight “A” student and now is getting “C” grades, this can be an indicator that your child is distracted and not able to focus on school activities. Make sure you attend parent teacher conferences and take the time to ask your child how their day was at school. 

 

There can be many other symptoms as well, but the above are some of the most common indicators that your child is struggling with the concept of divorce. 

 

If you are having a hard time dealing with divorce and need legal guidance, contact the Sabra Law  Group today for a confidential consultation at (646) 472-7971. 

 

 

Manhattan Child Custody Mediator Explains What You Should Know About Relocating After Divorce

Manhattan Child Custody Mediator

 

 

 

 

 

 

 

 

If you are considering moving to a new state after your divorce, it is important to put your children’s best interest first in addition to considering the other parent’s custody rights.

 

Consult a Local Divorce Attorney for Laws That Apply to Your State

 

Laws on custodial rights and relocating your children may vary from state to state, however, usually the custodial parent has to provide the noncustodial parent with a formal written notice with the intent to move. If the noncustodial parent wants to object to the move, he or she can file a formal objection with the court.  Once the objection with the court has been filed, it is up to the judge to schedule a “move away” trial and determine what is in the best interest of the children’s welfare.

 

Some Factors That the Court Uses to Determine the Outcome

 

  1. The stability of the children’s relationship is evaluated as well as the extent of involvement from each parent and even grandparents or siblings.
  2. The actual intent behind the parent seeking the move as well as the parent opposing the move.
  3. Any prior patterns of relocation that indicate what type of impact it had on the children
  4. Evaluating the quality of life that the relocation may provide for the children
  5. The financial implications of the move or prevention of the move
  6. The age of the children as well as their maturity level

 

 

A Manhattan Child Custody Mediator Can Help

 

It is possible to resolve the issue of relocating with children without taking it to court.  A child custody mediator can help you resolve difficult issues pertaining to child custody without the stress and added financial expenses of court.  There are a lot of considerations that have to be sorted out such as:  who will pay for the children’s travel to be able to see the noncustodial parent, and if the children’s schedule with school would allow time for visits during the year and what times of the year those visits would be scheduled.

 

Contact Manhattan child custody mediator Sabra Sasson today at (646) 472-7971 for a confidential consultation on your child custody matter. 

How to Prepare for Child Custody Mediation in New York

No issues are more sensitive in a divorce than those related to child custody. Holding a child custody mediation in New York is a constructive and positive means of resolution. Here are some thoughts on how to prepare for this important negotiation.           

1. Open Your Mind

A child custody mediation is not the place to air grievances against the other parent. Instead, it's the perfect time to address the best interests of your child. This means that it is imperative that you approach the process with an open mind rather than being determined to "win."

2. Put Your Children First

It might seem desirable to find a way to punish the other parent by trying to keep the child from them, but is that really best for your child? It's almost always better for children to have healthy contact with both parents, even if that contact has to be supervised.

3. Come Up with Some Custody Ideas

Be prepared with your schedule and your child's schedule before the mediation session. Draw up a few ideas of what you think your child custody agreement should look like. However, be prepared for the possibility that the agreement you eventually come to may not look exactly like any of the ideas you had. Mediation is a process of give and take. Your former spouse and the mediator may have some useful ideas that can be incorporated into your proposals.

4. Don't Focus on the Other Parent

A child custody mediation in New York is not the place for a character assassination or another round of "he said, she said." Address your concerns about the other parent in terms of what your child needs. If you're worried that your former spouse has anger management issues, then stress your child's need for a calm and peaceful environment. If you're concerned that the other parent is too permissive, then talk about the importance of structure and predictability for your child. These are far more constructive and helpful things to focus on than what may be perceived as the other parent's character flaws.

5. Be Willing to Take a Time Out

When things get tense, ask for a break. This keeps your head calm and clear so you can continue to negotiate in the best interests of your children.

Contact the Sabra Law Group today at 646-472-7971 to learn more about child custody mediation in New York.

Manhattan Divorce Mediator Discusses Why Mediation Works for Couples with Children

The whole idea of divorce gets complicated with children. Custody of the children after divorce is one of the most sensitive issues in any divorce process. Deciding which of you will take custody of the child is invariably difficult, especially if a third person will have to make that decision for you.

Divorce Mediations Shield Children

In litigated divorce, arrangements for child custody will be decided by the court. Children, depending upon their age and maturity, may be involved with the process and may be required to be interviewed by the court. Too often, sensitive issues on their relationships with siblings, parents and relatives will have to be recollected. This is true when there is a history of child abuse and domestic violence. The process tends to be more painful for children.

In divorce mediations, parents decide the child custody for themselves. A Manhattan divorce mediation lawyer understands that only the parents know what is best for their children. He or she will guide you to make the right decisions compliant with Manhattan divorce and family laws. You can feel reassured and confident that the decisions that you make concerning your children are for their best interest when you work with a specialist familiar with similar situations that have determined what is optimal for the family.

A Manhattan divorce mediation lawyer will help you arrange for child support and the future education of your children, depending on the capacity of the spouses. All of these issues will be discussed privately and confidentially. You do not have to expose your children to the court process. We know that simply being in court is stressful for young children.

Divorce Mediations Allow Customized Parenting

Divorce mediations allow couples to select the terms of custody like visitation, education, health and support of their children. Couples make the decisions together that affect their child’s future.

You could choose either sole or joint legal custody. Sole legal custody allows one of the spouses to make major decisions for the child while joint legal custody allows both to make big decisions. Day to day decisions concerning the child however may be made by the spouse with whom the child resides.

In any case, visitation rights are awarded to the non-custodial parent. A Manhattan divorce mediation lawyer could advice you on the terms of visitation that will provide maximum quality time with the child. Divorce mediations allow you to customize how to go about parenting even after separation. Parents are given the hands-on say on how to plan their children’s future.

Schedule a Consultation with a Manhattan Divorce Mediator Today

Let a Manhattan divorce mediation specialist guide you how to have a hands-on parenting arrangement even after divorce. Contact Sabra Law Group today at (646) 472-7971.

 

 

 

Manhattan Child Custody Lawyer Discusses How Communication is Key to a Peaceful Divorce

Manhattan Child Custody Lawyer

 

Do you find yourself thinking about getting a divorce but thinking how it could affect your child? Marriages often end due to lack of communication. It does not have to be true when ending one.

Mediation is an alternative to court-based divorce that allows divorcing couples to reach an agreement in an atmosphere of respect and cooperation. In Manhattan where couples are usually bound by personal obligations not to mention demanding work and business schedules, mediation works best since sessions can be scheduled at a mutually agreeable time, rather than the court’s schedule.

Mediation sessions allow the couple a separate time to think about and plan their own and their child’s future in a way that could impact less their finances, properties and their children’s lives. Mediation forces the couple to make time to talk, encouraging communication and thus the process usually takes a lot less time than having it in court.

Making an Informed Choice                                         

While divorcing couples could be sure of getting a divorce, they may be unsure how to go about it, specially with children’s future at stake. When children are involved, divorcing parents usually have the tendency to be protective over their children’s emotions and this could affect the entire divorce mediation process. The process could take longer and more expensive when spouses do not agree on custody of the child. It is important that the children’s best interest is secured. Choosing a neutral divorce mediator who is a specialist in child custody and family law is encouraged.

Child Custody and Support in Manhattan

New York state laws provide guidelines on child custody and support. It is important to carefully select a divorce mediator who knows the specific guidelines applicable in Manhattan child custody law. All aspects of custody, including visitation and support, should be taken into consideration by the lawyer. Note however that not all cases call for child custody mediation as when there is domestic violence or child abuse.

Child custody is incorporated in divorce settlement paperwork. A certified specialist in Manhattan child custody law could assist the couple to agree on terms of custody and visitation that could work well with the family. Terms of support could be discussed through the assistance of the lawyer without having to sacrifice the needs of the child and finances of the couple. Mediation allows the couples control over and plan their child’s future in an atmosphere of trust and confidentiality.

Schedule a Consultation with a Manhattan Child Custody Lawyer Today

Start planning your child’s future today and take comfort in having an experienced specialist Manhattan child custody lawyer who can guide you based on New York state laws.  Contact Sabra Law Group today at (646) 472-7971.

Upward and Onward

Upward & Onward Book LaunchWhen things in life feel hard or low, how do you handle it?  Do you keep to yourself and stay in, not wanting to be around others?  Do you hit the snooze button repeatedly to delay the start of your day and avoid facing the reality of what’s really going on?  Do you find things to keep yourself busy so that you don’t have to think about or deal with life’s stresses?

How you handle the routine daily stresses can have an impact on your day, your job and your loved ones.  And, if your world is being turned upside down by a traumatic life event such as Divorce in New York, it can be exacerbated and be even more stressful. 

You may be familiar with how you handle stresses around work, home, money or relationship because you have had many opportunities to face these and deal with them. However, you probably do not have much experience dealing with Divorce and so you might be worrying and stressing yourself over many questions –

Questions about division of assets and debts, visitation, and support?

 

 

And you might have other concerns regarding religious divorces, annulments, what to do with any real estate or businesses?

And what professionals you might need to speak with who can help you through this process.

If you are like the many couples who divorce each year, you might be online and trying to do research about what you can do, how you can protect yourself and what your rights are.

And that can take many hours to research – and much of the information online is misleading and may not be applicable to your situation.  And friends and family share their opinions which may be well intentioned and likely not applicable to you.

Wouldn’t you like to find your answers all in one place, without wondering if the information is accurate and without having to spend hours and hours of heart wrenching time pouring over hundreds of internet pages hoping to find something that can help?

Here is your answer…..

In December 2015, a book was published called Onward and Upward: Guide For Getting Through New York Divorce and Family Law Issues which is a wonderful resource.  (Sabra R. Sasson Esq. of Sabra Law Group, PLLC wrote four sections of the book).  It is complete with information about anything you might ever want to know about getting divorced in New York and other family issues.

It is not intended to be read through from cover to cover, but as a resource.  We understand that every situation is different, just as every person is different, so too will your Divorce.  You might be concerned about custody and visitation (and you will find answers on pages 87 and 107), or you might want to understand what could happen to your home in divorce (see page 313), or perhaps you might want to consult with a divorce coach (see page 411), psychotherapist (page 419) or what will happen to the family pet (page 361).  Maybe you are interested in understanding whether you can get your marriage annulled (page 273). 

As you can see, this book covers more than what can be described here in this article and if you are going through divorce, this just might be the resource you need to get you the answers to whatever is keeping you up at night.  The cost of this book is far less than it is costing you in lack of sleep, hours and hours of online researching, getting misinformation from well-intentioned friends and family.

You can purchase your copy of the book here.

And, if you have an urgent issue that can’t wait for when you get the book in your hands, please contact Sabra Law Group, PLLC today at 646-472-7971.  We have been helping couples and individuals get their questions and concerns answered quickly and in a way that you can understand for a decade and we can help you get through their divorce in New York.  Visit our website and contact our office today.

Child Support and Divorce in New York: How Much Can I Get?

If your goal is to obtain primary physical custody of your children in your divorce, you are most certainly concerned about the laws governing child support and divorce in New York.  How do child support and divorce in New York impact each other? How much child support can you expect to receive from your spouse?

New York follows a specific formula when calculating child support.  In most cases, the gross incomes of the parties are calculated.  The parties must submit proof of their income to the court, which may be in the form of tax returns, pay stubs, or other financial records.  Income includes W-2 income as well as 1099, worker’s compensation, disability benefits, unemployment benefits, social security benefits, veterans benefits, pension and retirement benefits and other forms of income.  Next, the courts will deduct how much the parties pay in certain taxes, like Medicare and Social Security.  Using the numbers that are left, the courts assign a certain percentage as child support, depending on how many children there are.  For one child, this percentage is usually 17%; for two, it is 25%; and so on.  If you are the custodial parent and the other parent makes $3,000 per month, and there is one child, you can probably expect to receive at least $510 per month in child support payments.

You must also provide proof of your children’s healthcare, educational, and childcare expenses so that the other parent’s share of these costs can be added to child support.  Make sure that your records are current so that these amounts will be accurate.

If your spouse’s income changes significantly after your divorce is finalized, you have the right to petition the court for a change in child support.  You must demonstrate proof of the change in income, and child support will be recalculated accordingly.  The same principle applies if your children’s expenses change as well.

Ultimately, child support payments depend on your individual financial and personal circumstances.  It is wise to seek legal advice to ensure these numbers are properly calculated.

Contact Sabra Law Group today at 646-472-7971 to schedule your free consultation to discuss your support questions or any other divorce and family law matters.

Child Support and Divorce in New York: How Much Will I Have to Pay?

If your marriage is ending, you probably have questions about child support and divorce in New York.  Child support and divorce in New York are definitely intertwined, and early in your divorce case, a child support amount may be ordered.  If your soon-to-be ex-spouse has physical custody of your children, you will be ordered to pay child support.  Many paying parents worry that the ordered child support amounts will be excessive.  However, courts will not order a parent to pay a child support amount that is grossly unfair.  If you can demonstrate than an ordered amount of child support is unfair, it may be reduced.

First, the courts look at the incomes of the parties.  To do that, you and your spouse will provide proof of your gross incomes.  The court will then adjust these incomes to account for the amounts you pay in city taxes and FICA (social security and medicare).  Then, child support payments will be based on the number of children you have.  For example, if you have one child, you will pay 17% in child support.  If you have two children, you will pay 25%, and so on.  The payor spouse is the non-custodial parent and the amount that would be paid is determined by a statutory formula in the Child Support Standards Act.

For example, where one spouse is earning $60,000 and the other is earning $40,000, after city taxes and FICA have been deducted from the gross income, the calculation would be as follows:

$60,000 + $40,000 = $100,000

Where these parents have one child, the basic child support amount is 17% of the combined parental income, or $17,000.  Then each parent’s share is determined by their respective income in relation to their combined income.  So, the higher earning spouse’s share is 60% and the lower earning spouse’s share is 40%.  Depending upon who is the non-custodial parent, that parent will pay their share of the basic child support amount.  So, in this example, if the non-custodial parent is the higher earning spouse, then that parent would be responsible for 60% of the $17,000 basic child support amount, or $10,200 annually, or $850 monthly.  If there are two children, the calculation would be the same:

$100,000 x 25% = $25,000 is the basic child support amount.  If the higher earning spouse is the non-custodial parent that parent would be responsible for 60% of the basic child support amount, or $15,000 annually, or $1,250 monthly.

However, the percentage of one’s gross income is not the only number considered in child support calculations.  If your children have certain childcare, educational, after-school activities and medical expenses (such as the cost of health insurance), your share of these expenses will be added to the child support amount.

Though these numbers may seem high, the courts want to ensure that children have the financial support of both parents, even though they no longer live together.  If the court determines that, after paying child support, your net income would be at or below federal poverty guidelines, it will be adjusted.  If you and your spouse’s combined income is over $141,000, the court has discretion to deviate from these guidelines. 

Contact Sabra Law Group at 646-472-7971 should you have any questions about your support obligations and would like to consult with an attorney.

Manhattan Child Custody Lawyer Discusses Types of Child Custody in New York

Manhattan Child Custody Lawyer Discusses Types of Child Custody in New York

Divorce is hard on children. Everything they are familiar with changes. As a parent, you ache for them. You wish you could reassure them, but it frightens you that a New York court has a say in what happens next. A knowledgeable Manhattan child custody lawyer at the Sabra Law Group can guide you through New York’s custody laws. 

New York has two types of child custody: legal custody and physical custody. Each type of custody carries different responsibilities. A parent has legal custody when the parent makes important decisions about the child. Such decisions may include medical care, religion, and education. Usually parents share legal custody although one may have final say. 

A parent has physical custody when the child lives in the parent’s home. Parents can also share physical custody. This is called joint custody. 

Sometimes parents agree about child custody. When they do, the judge may listen to testimony from both parents, then enter an order without requiring a formal hearing. If you and the other parent have agreed on child custody, before you approach the court, check with a Manhattan custody lawyer to make sure you have covered all legal aspects. 

When parents do not agree, the court orders a hearing. The standard in a New York court is the “best interest of the child.” Toward this end, a court examines many factors about each parent such as, mental and physical ability, work schedule, and capacity to cooperate with the other parent. If the child is older, the court may also consider the child’s wishes. A skilled Manhattan child custody lawyer can help explain what to expect in a formal hearing. 

Mediation can be a valuable, less expensive alternative to a hearing. At the Sabra Law Group our trained mediators can help you put together a parenting plan that works for your family. We can help you find a way to communicate that helps make your custody arrangement amicable.

Child custody is a difficult, emotional process. A savvy, caring Manhattan custody lawyer can help guide you. With years of experience in New York divorce courts, the Sabra Law Group can help you do what is best for your child.  Contact our office at 646-472-7971