Child support and custody matters are a stressful and difficult practice area of family law due of the depth and intensity of the emotions.
Here, at the Law Offices of Michael Alfano, we work closely with our clients, and sometimes the non-custodial parent, to form positive situations for the minor child/children.
Custody is granted to the guardian who can provide the most stable environment for the minor child/children. The New York Family Courts look at these things:
- Which of the parents provided the most care and/or nurture of the child prior to the “event”?
- What are the strengths and weaknesses of the parents?
- What are the work schedules of the parents?
- Have there been incidents of physical or mental abuse?
- What is the physical and mental health of the parent seeking custodial rights?
- Are there other siblings and where do they live?
- The child’s preference
We work with those who are undergoing divorce and/or custody legal disputes to ensure that the best needs of the child or children are met.
After the Federal government passed the Family Support Act of 1988, states in the US were required to establish and apply uniform child support guidelines for the determination of child support payments throughout their jurisdiction. When determining support payments, questions as seen below are a factor:
- How much other income each parent receives
- How many children these parents have together
- How much time each parent spends with their children (time-share)
- The actual tax filing status of each parent
- Support of children from other relationships
- Health insurance expenses
- Mandatory union dues
- Mandatory retirement contributions
- The cost of sharing daycare and uninsured health-care costs
- and Other factors.