I represent parties in Nassau, Queens, Suffolk, Bronx, New York, Richmond, Westchester and Rockland County in the Family Courts and Supreme Courts.
I am a Divorce and Family Lawyer with over 32 years of experience.
My Family Court practice is strictly limited to cases involving Child Support, Child Custody & Visitation, Paternity, Orders of Protection and Spousal Support/Maintenance Enforcement.
CHILD SUPPORT CASES
I handle cases to establish child support, enforcement of child support Court Orders, upward modification of child support Orders and downward modification of child support Orders.
Explained: A parent or other person (typically a non-biological same- sex parent or grandparent) having lawful custody of a child may seek child support from one parent or both parents. In rare cases a child over the age of 18 may seek child support from one or both parents. A parent has financial responsibility for a child until age 21 (or sooner emancipation) in New York. Once the Family Court awards child support, that award is subject to enforcement in Family Court. In addition, after the Family Court child support award is made, it can be changed to provide for addition support (referred to as an upward modification of child support). The Family Court award of child support can also be reduced under certain circumstances (referred to as a downward modification of child support). After a divorce action is completed, child support is typically awarded by the Supreme Court. Child support awards in Supreme Court divorce and separation decrees may be enforced or modified in Family Court if the judgment of divorce or separation grants jurisdiction to the Family Court.
CHILD CUSTODY AND VISITATION
I handle child custody and visitation cases in Family Court and in Supreme Court.
I handle cases to establish or contest paternity.
Explained: If the father of the child is not identified on the child’s birth certificate, the father has no legally established parenting rights until (filiation otherwise known as) paternity is established. The mother does not have to provide visitation under those circumstances. In such cases, the father could apply to the Family Court for an Order of Filiation, establishing paternity and for custody or visitation with the child. Child support for the child will typically be Ordered upon the establishment of paternity. Conversely, if the father of the child is not identified on the child’s birth certificate, an Order of child support may not be obtained before an Order of Filiation (paternity) is made.
ORDERS OF PROTECTION CASES
I handle the prosecution and defense of cases involving domestic violence and Orders of Protection cases.
Explained: An Order of Protection is available to a victim of domestic violence. The process begins by the filing of a Family Offense Petition. A Family Court Order of Protection can be obtained against a spouse of ex-spouse; a person who is the other parent of a child you have in common; a blood relative or relative by marriage; a person with whom you are in or was in an intimate relationship (sexual behavior is not required). An Order of protection restricts harassing and injurious conduct (the categories of impermissible behavior are spelled out in the Order of Protection). An Order of Protection can Order the offender to stay away from you and the children, move out of the residence; set custodial and visitation access; direct the removal of firearms, among other things.
If you are Ordered out of your home, due process requires that a hearing be held within days of the Order ejecting you from your home. If you have been removed from your home by the Order of Protection and want to return, you must be ready to proceed to a hearing immediately. You should hire a lawyer right away. If you request an adjournment of the hearing on the first date that the case is scheduled to be heard, many Courts treat that as a waiver of the right to a expedited hearing and many months may pass before a new hearing date becomes available. So, a request for the expedited hearing must be made and the case prepared for trial without delay (unless other the resumption of cohabitation with the filing party is not a priority).
SPOUSAL SUPPORT/MAINTENANCE ENFORCEMENT CASES
I handle cases to establish spousal support, enforcement of maintenance and spousal support Court Orders, upward modification of spousal support Orders, downward modification of spousal support Orders. In addition, my Family Court practice also entails the enforcement and modification of Supreme Court maintenance (formerly known as alimony) Orders.
Explained: A married person may seek support from their spouse in New York. Family Court has jurisdiction over these cases. Temporary maintenance (otherwise referred to as pendente lite maintenance) is awarded by the Supreme Court during a matrimonial case and the award is enforceable in Family Court if violated. Once an award of spousal support or temporary maintenance is issued, the award is subject to enforcement in Family Court. In addition, after the Family Court spousal support award is made, it can be changed to provide for addition support (referred to as an upward modification of spousal support). The Family Court award of spousal support can also be reduced under certain circumstances (referred to as a downward modification of spousal support). After a divorce action is completed, post-divorce maintenance may be awarded. Enforcement and modification of post-divorce maintenance is available in Family Court if the divorce judgment grants jurisdiction to the Family Court.
Please feel free to contact me, H. Michael Stern, Esq., a Long Island family law attorney, if you are interested in discussing your divorce, family law or Family Court case at firstname.lastname@example.org or by phone at 516-747-2290. I offer a Free consultation.
My office is conveniently located adjacent to the Roosevelt Field Mall ring road at 666 Old Country Road in Garden City, New York.