Family Law
The Law Office of Shawn R. Kassman, Esq.
represents clients that are in Suffolk County and Nassau
County in all areas of family law and matrimonial law
including:
- Contested and Uncontested Divorces
- Annulments
- Legal Separations
- Child Custody and Child Support
- Visitation
- Paternity Hearings
- Orders of Protection
- Name Changes
- Relocation
- Adoptions
- Child Neglect Charges
- Child Support
- And all other areas involving matrimonial and Family Court
matters
Divorce
There are two types of divorces:
1) Uncontested Divorce
Where the parties agree to the divorce,
the parties agreed to separate their property and if there
are children involved agree to child support and visitation.
This type of divorce is done out of Court where the parties
do not have to go to the courthouse, papers are prepared,
the parties sign the necessary documents and the documents
are submitted to the court for a judge to be assigned to
review the documents and grant the divorce. This type of
divorce is granted faster and cost less than the alternative
a contested divorce.
2) Contested Divorce
This type of divorce is where the parties
cannot agree to the terms of the divorce. One party is
served with papers called a summons and complaint.
Ultimately the parties must appear in Supreme Court. If the
parties cannot come to terms a trial will take place. If
there are children involved a law guardian (which is an
attorney) is assigned to represent the child's best
interests. A contested divorce is much more expensive the
legal fees and can go on for some time.
Whether there is an uncontested divorce or a contested
divorce in New York there are six grounds that must be
established for the divorce to be granted by the court.
1) Cruel and inhumane treatment
2) Abandonment
3) Confinement to prison
4) Adultery
5) Living separate and apart pursuant to a separation
decree or judgment of separation
6) Living separate and apart pursuant to a separation
agreement
In either case, whether uncontested or
contested in a divorce, as long as there is no prenuptial
agreement, the parties are each entitled to 50% each of all
assets accumulated during the marriage whether or not the
property is in one spouse's name or in both spouses name. As
long as the asset is accumulated during the marriage each is
entitled to half of that asset including each other's
pension, bank accounts, real estate.
Child support
New York State is governed by the
Child Support Standard Act in the determination of what
the noncustodial parent is obligated to pay support.
The child support standard act calculates the
noncustodial parent's child support payment in
predetermined percentages based upon the number of
children the parties have.
This percentage will be calculated against the
noncustodial parent's gross income after deducting FICA.
The noncustodial parent will generally be expected to
pay the following percentages of their adjusted gross
income based upon the number of children the parties
have:
1 Child = 17% of the
noncustodial's gross income will be taken for child
support
2 Children = 25% of the
noncustodial's gross income will be taken for child
support
3 Children = 29% of the
noncustodial gross income will be taken for child
support
4 Children = 31% of the
noncustodial gross income will be taken for child
support
5 Or More Children = 35 of
the noncustodial gross income will be taken for
child support
The noncustodial parent will be
obligated for payment of child support until the child's
21st birthday unless the child becomes emancipated which
occurs when either the child is employed full-time
and/or no longer living at home.
*The parties can deviate from the Child Support
Standard Act if the parties are in agreement to the
terms of child support.
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