Family Law

• Divorce
  A divorce is uncontested when both parties are in agreement on the grounds for divorce and agree on all major issues, including but not limited to custody, parental access schedule, child support, spousal support and division of property. Parties will typically execute a Separation Agreement or Stipulation of Settlement setting forth their agreement. Laurieanne DeLitta, Esq. is experienced at negotiating and drafting such agreements and preparing the remaining uncontested divorce documents which need to be submitted to the Court.
• Child Support
  In New York State, the law presumes that all parents have an obligation to support their children typically until they reach the age of 21. Child Support is often paid in accordance with DRL § 240(1-b) the Child Support Standards Act, (“CSSA”), which sets forth a formula for calculating support and the contribution from the non-custodial parent for statutory add-ons including certain child care costs, health insurance and unreimbursed medical expenses. Currently, according to the CSSA, the non-custodial parent is required to pay to the custodial parent his/her pro-rata share of the applicable percentage of the combined parental income (gross income less FICA, local taxes and certain other deductions). Child Support Currently, child support is calculated as a percentage of combined parental income up to $141,000 at: 17% for one (1) child In New York State, the law presumes that all parents have an obligation to support their children typically until they reach the age of 21. Child Support is often paid in accordance with DRL § 240(1-b) the Child Support Standards Act, (“CSSA”), which sets forth a formula for calculating support and the contribution from the non-custodial parent for statutory add-ons including certain child care costs, health insurance and unreimbursed medical expenses. Currently, according to the CSSA, the non-custodial parent is required to pay to the custodial parent his/her pro-rata share of the applicable percentage of the combined parental income (gross income less FICA, local taxes and certain other deductions). Child Support Currently, child support is calculated as a percentage of combined parental income up to $141,000 at: • 17% for one (1) child • 25% for two (2) children • 29% for three (3) children • 31% for four (4) children • No less than 35% for five (5) or more children However, there may be circumstances in a particular case where the court or the parties deviate from the applicable percentages. It is also important to note that where combined parental income exceeds $141,000.00 the Court can determine whether or not to apply the above percentages to income amounts above and beyond $141,000.00, based on factors set forth in the CSSA. Whether the court applies the percentages to income above the cap, depends on the facts of each particular case, and can vary from case to case, county to county and judge to judge. The court considers the reasonable needs of the child(ren) in determining whether to go beyond the cap, financial resources of the parents, the standard of living of the child(ren) and other matters pertaining to child support. • 25% for two (2) children • 29% for three (3) children • 31% for four (4) children • No less than 35% for five (5) or more children However, there may be circumstances in a particular case where the court or the parties deviate from the applicable percentages. It is also important to note that where combined parental
• Child Custody and Visitation
  Child Custody In New York, one parent may have sole custody or both parents may have joint or shared custody. There are two types of custody: 1) the legal custody of the child(ren), which is, essentially, a parent’s right to “parent” the child, make decisions, etc., and 2) physical (or residential) custody which essentially means where/with whom the child(ren) reside. In many cases, parents share joint legal custody of the child(ren) and the child(ren) reside with one parent, who is called the custodial parent, subject to the access/visitation rights of the other parent, who is called the non-custodial parent. The non-custodial parent typically pays child support to the custodial parent. Increasingly, many parents are sharing both legal and physical custody, so that each parent spends roughly equal time with the child(ren). In cases of true 50/50 parenting time, the parent who is considered the “monied” parent, which is the parent who earns more, is typically considered the non-custodial parent for child-support purposes and pays support to the parent who earns less. Visitation / Parental Access In cases where it is agreed upon by the parties or ordered by the court that the child(ren) reside primarily with one parent, the other (non-custodial) parent typically has visitation, often called parental access, with the child(ren). Parents can agree to whatever visitation/access schedule suits their and their child(ren)’s needs and preferences or the court will order visitation/access in accordance with what it deems to be the best interests of the child(ren).
• Adoption
  Adoption is the legal proceeding whereby a person takes another person into the relation of child and thereby acquires the rights and incurs the responsibilities of parent in respect of such other person.” DRL § 110. Generally, an adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person.
• Paternity
• Premarital Agreement
  Pre-Nuptial Agreements A pre-nuptial agreement is an agreement between a couple who are planning to marry, stating how the couple’s pre-marital and/or marital property would be divided if the marriage were to be dissolved. Post-Nuptial Agreements A post-nuptial agreement is an agreement between a married couple addressing issues including, but not limited to: estate issues and waivers and property division.
• Guardianship
  We help clients plan their estates both simple and complex, draft effective testamentary and estate documents, handle guardianships and probate or administration matters both uncontested and litigated. Health Care Proxy and Power of Attorney A Health Care Proxy and Power of Attorney are essential Estate Planning tools. The foregoing documents allow the principal to appoint an agent or agents to act on his/her behalf in making financial and health care related decisions.
• Spousal Support
  Spousal Maintenance / Spousal Support The law in New York provides that, in certain cases, you may be entitled to receive maintenance (financial support) from your spouse, or you may be required to pay maintenance to your spouse. Spousal maintenance is what many people refer to as “alimony” and can be addressed in either Family Court or Supreme Court.
• Legal Separation
  Separation Agreements and Stipulations of Settlement In New York, a separation agreement is a document some married couples want to prepare when they have agreed to live separate and apart from each other and sets forth the couples’ agreement regarding issues including but not limited to custody, spousal maintenance, child support and distribution of property. A stipulation of settlement is a similar document which is prepared after a divorce action has been started settling all of the issues of the marriage.
• Annulment
  The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards.

Business and Corporate Law

• Business Formation
  Businesses, Corporations & LLCs We can assist you in starting your own company whether you want to start a corporation, partnership or LLC. We can also draft necessary business agreements to protect your interests, i.e. profit sharing agreements and employment contracts.

Property Law

• Real Estate Litigation
  Our law firm is located in Armonk, New York and practices in the areas of Matrimonial & Family Law, Wills, Trusts & Estates, Real Estate Law, and Businesses, Corporations & LLCs. CONSULT WITH LAURIEANNE DELITTA, ATTORNEY AT LAW
• Real Estate Transactions
  Residential and Commercial Real Estate We assist clients in leasing, buying and selling houses, condominiums, cooperatives and commercial property. We can also assist with refinancing mortgages.

Health Law

• Personal Injury
  If you’ve been injured in an accident, we can attempt to negotiate a settlement or recover damages in litigation. The Law Office of Laurieanne DeLitta, PLLC strives to provide the highest quality legal services and to achieve the best result for each client considering their entire circumstance. We strive to ensure that each client receives personal one-on-one attention throughout the entire process and knows that their matter is as important to us as it is to them.
• Medicaid Planning
  Wills & Testaments: Drafting Wills, Living Wills, Health Care Proxies, Power of Attorneys, Estate, Medicaid Planning & Tax Planning.

Trusts and Estates

• Estate Planning
  Estate planning is when someone sets forth instructions for disbursing estate assets to his or her heirs at his/her death. Estate planning also takes into account how to minimize expenses and estate taxes. Estate planning may include drawing up a Will, setting up trusts, gifting property, drafting a health care proxy, etc. depending on one’s individual needs.
• Wills
  Depending on your circumstances, there are several different types of trusts that can be utilized in estate planning, for example special needs trusts, pooled trusts, spend down trusts, etc. We also provide assistance with updating existing wills and trusts.
• Trusts
  Attorney Laurieanne DeLitta has been practicing law for over fifteen years assisting clients in the areas of Matrimonial & Family Law, Wills, Trusts & Estates, Real Estate, Businesses, Corporations & LLCs, and Personal Injury.
• Power of Attorney
  A Health Care Proxy and Power of Attorney are essential Estate Planning tools. The foregoing documents allow the principal to appoint an agent or agents to act on his/her behalf in making financial and health care related decisions.
• Probate
  Probate is the act or process of proving a will. Laurieanne DeLitta is experienced in preparing the necessary documents to submit to the Court to ensure that the probate process is understandable and streamlined.