MANHATTAN, NY - Family law matters involving divorce, child custody, child support, spousal maintenance, and property division require strategic legal representation that protects clients' rights and their children's best interests. Manhattan family law attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/manhattan-family-law-attorney/) provides guidance on how New York courts handle these complicated legal issues.
According to Manhattan family law attorney Richard Roman Shum, family law governs legal relationships between spouses, parents, and children. In New York, family law encompasses divorce, legal separation, child custody and visitation, child support, spousal maintenance, property division, prenuptial and postnuptial agreements, domestic violence orders of protection, paternity, and adoption. New York County Supreme Court handles divorce cases and related financial issues, while Manhattan Family Court addresses custody, visitation, child support, and orders of protection.
Manhattan family law attorney Richard Roman Shum emphasizes that New York courts decide child custody based on the best interests of the child. Unlike some states, New York does not presume that joint custody is always best. Instead, courts examine each family's circumstances to determine what arrangement serves the child's welfare. Factors considered include each parent's ability to provide a stable home, the child's relationship with each parent, any history of domestic violence or substance abuse, each parent's mental and physical health, and the child's wishes if the child is old enough to express a reasoned preference.
"New York recognizes both no-fault divorce based on irretrievable breakdown for at least six months and fault-based divorce on grounds including adultery, abandonment, and cruel treatment," explains Shum. "Manhattan divorces are handled by the New York County Supreme Court at 60 Centre Street."
Custody decisions divide into two categories: legal custody and physical custody. Legal custody means the authority to make major decisions about the child's upbringing, including education, medical treatment, and religious practices. Physical custody determines where the child lives. Courts can award joint legal custody but sole physical custody, or any other combination that provides stability and maintains important relationships.
"Child support in New York is calculated using the Child Support Standards Act," notes Shum. "Both parents are legally obligated to support their children financially until the children turn 21 years old."
Shum adds that New York calculates child support by applying percentages to combined parental income based on the number of children. The current income cap is $183,000 as of March 1, 2024. The percentages are 17% for one child, 25% for two children, 29% for three children, and 31% for four children. Each parent's share of the support obligation is proportional to their income contribution.
New York follows equitable distribution when dividing marital property in divorce. Equitable means fair, not necessarily equal. Courts divide property based on fairness, which may or may not result in a 50-50 split. Marital property includes assets acquired during the marriage, such as the marital home, retirement accounts, bank accounts, investments, and business interests. Separate property, including assets owned before marriage, inheritances, and gifts to one spouse, typically remains with the owner.
"Spousal maintenance balances financial disparities between spouses," advises Shum. "It is particularly relevant when one spouse sacrificed career opportunities to care for children or support the other spouse's career, when there is a significant income gap, or when one spouse lacks the education or work experience to become self-supporting."
For families throughout Manhattan and New York City facing divorce, custody disputes, or questions about child support, understanding how New York courts apply these legal standards can help individuals make informed decisions about their cases.
About Law Office of Richard Roman Shum, Esq.:
Law Office of Richard Roman Shum, Esq. is a Manhattan-based law firm dedicated to family law matters, including divorce, child custody, child support, and spousal maintenance. Led by attorney Richard Roman Shum, a lifelong New Yorker and Lower East Side resident, the firm provides personalized representation throughout Manhattan and New York City. For consultations, call (646) 259-3416.
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Website: https://www.romanshum.com/
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Company Name: Law Office of Richard Roman Shum, Esq PLLC
Contact Person: Richard Roman Shum
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Phone: (646) 259-3416
Address:20 Clinton St FRNT 5D
City: New York
State: New York 10002
Country: United States
Website: https://www.romanshum.com/
