Child custody issues are at the heart of a divorce settlement when children are involved. A judge will look to look to provide the children of divorcing parents with a standard of living equivalent to that in which they have become accustomed to and with a minimum of disruption in their lives. This means providing the children with same or similar home, education, income, and adult supervision that they were receiving previously to the parental breakup.
The Child Support Standards act serves as a guideline for judges in determining the amount of child support payments one must pay. If the non-custodial parent earns a gross income in excess of $136,000 per year, a judge can determine the amount of child support to be paid. If one or the other spouse experiences a change in their employment status they may petition the court to modify the child support agreement.
If you or your future spouse have significant assets that you wish to safeguard against unfair distribution in the event of a marital separation, you may need to draft and execute a prenuptial agreement. Recent, high-profile court cases in New York have challenged and overturned several prenuptial agreements, so it is more important than ever to make sure that the document will stand up in court. It is imperative that both parties to the agreement are of a sound mind when executing the contract, and the agreement must not be fraudulent or misleading. Also, the paperwork must be properly filed with the courts to be considered valid.
In a Brooklyn contested divorce, asset distribution can be a complicated issue. Disputed marital property can include retirement accounts, business assets and other personal investments like real estate, precious metals, stocks, bonds, and life insurance policies.
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