When a New York State couple divorces, there is often confusion as to how their property will be divided. Issues frequently arise surrounding marital property, non-marital property and other factors. Understanding how this will be settled is imperative to a case and can save time, money and the energy that comes from a longstanding dispute.
When there are issues related to child support in New York, the basics can be at the forefront of the disagreement. One problem that frequently arises is that the alleged father does not know or will not agree that he is the biological father of the child. This is where the Acknowledgment of Paternity is important.
When a marriage is failing in New York, the couple will have emotional issues that they must get through. The realization that the union is no longer working and that a divorce might be the best option for all parties comes with certain other factors that must be considered including financial and those that come with having children. If there are children, the custody and visitation will be a worry. One spouse might be required to pay alimony to the other. Property can come into focus and be in dispute. Given the litany of concerns that arise in a divorce, having advice and guidance from an attorney is key.
For a variety of reasons, some New York State residents who are trying to end a marriage would like to have the marriage deemed invalid and perceived as never legally having happened in the first place. This is an annulment. The desire to move forward with the end of a marriage and have it annulled instead of a simple divorce has certain criteria that must be met. Knowing the justifications for this is imperative before attempting it. Under state law, there are six basic reasons for an annulment. They are: bigamy, an inability to consummate the marriage, incurable insanity, mental incapacity, marriage by force and fraud.
Sometimes the most basic aspects of a child support case are the most confusing. For noncustodial parents in New York State who have been ordered to pay child support, they might not understand how the amount is determined and why. This is essential in any case and the custodial and noncustodial parent should understand it completely. There are certain child support guidelines that the state uses to determine what is paid. This is based on how much the person earns per year. Based on the law, the noncustodial parent will not be ordered to pay an amount that is unfair.