FREQUENTLY ASKED QUESTIONS? from the law offices of HERBERT RUBENFELD 631-777-7200
What are the Grounds for a Divorce?
What are the other Grounds for a Divorce?
1. The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.
2. The abandonment (including the refusal to have sex, referred to as constructive abandonment) of the plaintiff by the defendant for a period of one or more years.
3. The confinement of the defendant in prison for 3 or more years.
4. The commission of the act of adultery.
5. The Husband and Wife living separate and apart pursuant to a decree of separation or a separation agreement for a period of one or more years.
How is Child Support Calculated?
Child support is a percentage of the non-custodial parent's adjusted gross income. For 1 child it is 17%; for 2 children 25%; and for 3 children 29%; 31% for 4 children; 5 or more 35%. The Court must increase the basic child support obligation to cover any future reasonable health care expenses not covered by insurance and reasonable child care expenses if the custodial parent is working, or is in school. In addition the Court may increase the basic award to cover reasonable educational expenses of the child.
Temporary Maintenance and Counsel fees for the less monied spouse may be awarded at any time during the action. It is based upon several factors including the difference in the income of the parties, and is made to assure that each party is adequately represented from commencement. Which party should pay the mortgage, utilities and other carrying charges should also be considered as well as child support.
How is Spousal Support Determined?
Essentially, it is based upon the income of the respective parties and the period of time they have been married. The Court must consider the standard of living of both spouses that was established during the marriage, the circumstances of the case and of the parties, whether the spouse who is getting the award lacks sufficient property and income to provide for his/her reasonable needs and whether the party paying the maintenance has sufficient property and income to provide for the other's reasonable needs. The following are factors that must be considered:
Aside from consideration of the Standard of Living of the parties, the Court shall consider the following factors:
1. The income and property of each spouse including marital property distributed to each spouse;
2. The duration of the marriage;
3. The age and health of each of the parties;
4. The present and future earning capacity of each spouse;
5. The need of one party to incur education or training expenses;
6. The existence and duration of a pre-marital joint household or a pre-divorce separate household;
7. Acts by one party that has inhibited or continues to inhibit a party’s earning capacity, including but not limited to acts of domestic violence as defined in Social Services Law 469(a);
8. The ability of the spouse seeking maintenance to become self supporting and, if applicable, the period of time and training necessary to do so;
9. The reduced or lost lifetime earning capacity of the spouse seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities;
10. The presence of children of the marriage in the respective homes of the parties;
11. The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party’s earning capacity;
12. The inability of one party to obtain meaningful employment due to age or absence from the workforce;
13. The need to pay “exceptional additional expenses” for the child(ran) including but not limited to schooling, day care and medical treatments;
14. The tax consequences to each party;
15. The equitable distribution of marital property;
16. Contributions of the party seeking maintenance as a spouse, parent, wage earner and homemaker;
17. The wasteful dissipation of marital property by either spouse;
18. Any transfer of property or encumbrance made in contemplation of a matrimonial action without fair consideration;
19. The loss or health insurance benefits and the availability or and cost of medical insurance for the parties; and
20. Any other factor which the Court shall expressly find to be “just and proper.”
How is Marital Property Divided under Equitable Distribution Law?
Property that must be allocated upon divorce is usually property that was acquired during the marriage -- in other words, marital property. In most cases, property acquired before the marriage, personal injury awards to one spouse, property acquired after the divorce and gifts or inheritances received by one spouse during the marriage are not considered marital property.
Once the court decides which property is marital property, it must determine the value of the property. Then, it allocates the property between spouses. If you and your spouse are able to agree upon the allocation of property and other important matters, you will have a far greater influence over the ultimate resolution of your situation.
Certain kinds of property continue to create controversy during divorce. Divorcing couples should be aware of the issues these assets present.
What is a Prenuptial Agreement?
A prenuptial agreement or antenuptial agreement is a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support.
What is an Uncontested Case?
A divorce proceeding in which there are no disputes as far as the legal issues. Both parties tend to agree on all matters and are typically just ready for the whole process to be over with.
Conclusion:
Many couples have a difficult time reaching an agreement about how to divide their property. Because the ultimate division of property depends on the complexity of your assets and liabilities, it is important to consult with an experienced family law attorney. We can help you.
Call the Law Offices of Herbert Rubenfeld for assistance: (631) 777-7200
Evening phone only : (631) 643-4018
Fax: (631) 777-7203
E-mail: RubenfeldLaw@Gmail.com
425 Broadhollow Road Route 110, Suite 426
Melville,
Located on Route 110, one block South of Long Island Expressway
(Exit 49S).....in
Exit 32 on Southern State Parkway...4 miles North on Route 110
Herb Rubenfeld, Esq.
Michael Rubenfeld, Esq.
· Attorney/CPA ·
· Divorce and Family Law ·
· Free Initial Consultation ·
·Over 50 Years Experience ·
Law Offices of Herbert Rubenfeld, P.C.
Providing Divorce and Family Law Services for more than 50 Years