Family Law

• Divorce
  These legal matters are discussed in more detail below.  Rachel S. Silberstein is an experienced NY Divorce and Family Law Attorney who has dedicated her career to exclusively practicing these areas of law.   Call today to schedule a consultation regarding any of these important issues.
• Child Support
  A: Generally speaking, child support is governed by a statute called the Child Support Standards Act.  This act includes a statutory formula to determine the child support obligation based upon both parents' income and the number of children subject to the order.  However, the Court may deviate from these guidelines, in its discretion, if it feels the presumptive amount of child support would leave the non-custodial parent unable to pay their own expenses or is otherwise not in the children's best interests.  Please click here for more information on the Child Support Standards Act.
• Child Custody and Visitation
  A: If you are unable to resolve custody and visitation by agreement, a judge will decide the issue only after a full trial during which testimony will be taken and evidence will be entered for the judge to review.  Sometimes experts are appointed by the Court prior to the trial, and they are tasked with evaluating the parties and children and making a reccomendation.  The Court will then make a determination based upon what is in the best interest of the child(ren)
• Paternity
   - how the presumption of legitimacy effects paternity cases and how the innovation of genetic testing negates the need for this presumption
• Spousal Support
  In cases where there are many valuable assets, it can be hard to come to an agreement on property distribution.  Arguments often arise as to the value of certain assets and whether the asset is marital or separate property (separate property is not subject to distribution in a divorce).  Additionally, if you own a business, the question of whether your spouse should be entitled to a percentage of the value, and what the business is worth, is not easily answered.  Also, it becomes more difficult to determine awards of child and spousal support in high net worth cases, as there is often an argument as to the actual income of the payor and if income exceeding the statutory cap should be considered in determining support.