Family Law Attorney NYC

Property Division Starts With What Is Marital and What Is Separate

New York uses equitable distribution rather than an automatic 50/50 division of marital assets. Domestic Relations Law § 236 requires the court to distinguish marital property from separate property and to consider statutory factors when distributing marital property.

The difficult part is often determining what an asset actually is. An inheritance may begin as separate property but later be deposited into a joint account. A business may have been created before the marriage but increased in value during it. Retirement benefits, stock compensation, investment accounts, and real estate can contain both marital and separate components.

A family law attorney NYC clients hire for a financially complex case may need to review extensive financial records before meaningful settlement discussions can begin. These may include tax returns, bank statements, compensation records, business documents, property deeds, and retirement accounts.

That work can help prevent an agreement from assigning a value or ownership interest before the underlying financial record has been tested.

Custody Is About More Than Where a Child Sleeps

New York courts decide custody according to the child’s best interests. Domestic Relations Law § 240 provides the statutory framework for custody and directs courts to consider the circumstances of the family, including the effect of proven domestic violence where relevant.

Custody can involve two different sets of decisions. Physical custody concerns where the child primarily lives and how parenting time is divided. Legal custody deals with authority over major issues such as education and medical care.

The parenting arrangement then has to work outside the courtroom. School mornings, holidays, transportation, extracurricular activities, travel, communication between households, and decision-making procedures can become recurring sources of conflict when an agreement or order leaves them unclear.

Child Support Requires the Right Income Information

New York’s Child Support Standards Act provides the framework for calculating basic child support. Family Court Act § 413 addresses parental support obligations and the basic child support calculation.

A salary figure alone may not tell the whole story. Bonuses, commissions, business earnings, investment income, health insurance, childcare, unreimbursed medical expenses, and certain educational costs may all become relevant. Higher-income cases can also require additional analysis when parental income exceeds the statutory cap.

For business owners, professionals, executives, and families with variable compensation, the financial records behind the number can matter as much as the number itself.

When an Order Needs to Be Changed or Enforced

A final judgment or Family Court order does not necessarily end every legal issue between parents or former spouses. A parenting arrangement may stop working after a meaningful change in the child’s needs or family circumstances, or a support obligation may no longer reflect the financial situation that existed when the order was entered.

Modification and enforcement are different. A modification asks the court to change an existing obligation or arrangement when the legal requirements are met. Enforcement asks the court to act because an existing judgment, agreement, or order is not being followed.

The existing document should be reviewed first. That helps determine whether the problem calls for enforcement, modification, negotiation, or another response rather than filing a new application based on assumptions about what the current order says.

When a NYC Family Case Crosses an International Border

New York City families frequently have connections outside the state and outside the United States. A spouse may live abroad, a child may hold two passports, property may be located overseas, or an existing divorce or custody order may have been issued in another country.

Those facts can raise questions about jurisdiction, recognition of foreign orders, international service, foreign assets, relocation, and child-custody treaties. Boyer Law Firm’s international family law practice handles family matters where the domestic case overlaps with another legal system.

Managing Attorney Francis M. Boyer is admitted in New York and has been Board Certified in International Law by The Florida Bar since 2014. His professional background includes international family matters, Hague Convention proceedings, and cross-border divorce issues. His credentials and international practice background are available on his attorney profile, and his certification can be independently checked through the Florida Bar Board Certification profile.

When a child has been taken or retained outside the United States, the issues can be especially time-sensitive. Boyer Law Firm also handles international child custody and support matters and international child abduction cases involving Hague Convention questions.

What We Look at First in a NYC Family Law Case

1. The Existing Court Record

If papers have already been filed, we review the petition, summons, judgment, settlement agreement, temporary order, or other court documents before advising on the next step.

2. Children and Current Parenting Arrangements

When children are involved, we need to understand where they live, where they attend school, what schedule is currently being followed, whether another custody order exists, and whether relocation or international travel is being discussed.

3. Income and Major Assets

Divorce, maintenance, and child support cases can require an early review of income, real estate, retirement assets, investments, businesses, debts, and property one spouse claims is separate.

4. Deadlines or Immediate Problems

A pending court date, missed support payment, proposed move, transfer of assets, or violation of an existing order may change what needs to happen first.

This initial review helps separate matters that require immediate action from issues that can be addressed through ordinary negotiation or the normal court process.