by Whether you’re in the midst of a relationship breakdown or simply dealing with parental issues, it’s vital to get legal advice from an experienced point cook family lawyer. Our team can help you resolve all of your family law concerns including spousal and de facto maintenance, property settlement and parenting plans.
Family Law
Family law is a broad field of legal study, including cases that involve divorce, child custody, adoption, spousal support, and many other issues that affect the lives of individuals and families. It is a challenging area of law that requires strong written and verbal communication, critical thinking and analysis skills, and people skills.
Divorce is often the most common type of case involving family law attorneys, but they also advise on other family affairs such as custody, pre- and post-nuptial agreements, adoption, restraining orders, and much more.
Property settlement is another common area of family law, and it involves the division of real estate and assets. This includes everything from vacation properties, timeshares, rental properties – commercial and residential – to the family business and any other investments.
In divorce and property settlement cases, it’s important to have the help of a forensic accountant. These financial experts can determine the value of all the assets and help you reach a fair and equitable outcome.
Divorce
Divorce is a complex legal process that ends the rights and responsibilities of a marriage. It affects all aspects of a family’s life, including custody of children, spousal support, property division, tax consequences, and more.
Divorces can cause serious psychological and emotional stress, particularly when children are involved. They can also be expensive.
It is important to have an attorney who specializes in family law to protect your interests. A point cook family lawyer can help you navigate the many steps involved in a divorce and provide you with the legal advice you need to make informed decisions.
If you and your spouse can agree on the terms of your divorce, it will be an uncontested case. This usually results in the process being completed faster and less expensively.
If your case involves property issues, it is best to have a property settlement agreement (PSA) prepared before you go to court. A PSA will address such issues as the division of property, a spouse’s financial responsibilities during a divorce, alimony payments, and more.
Child Support
Child support is a legal obligation that one parent must pay to another parent for the benefit of their children. These payments are intended to cover a child’s basic needs, such as food, clothing, shelter and medical expenses.
In New York, a non-custodial parent can receive an order for support based on a court order or by filing a petition with the Family Court. This order must be paid unless it is modified or the child turns 18 years of age, emancipates, marries, joins the military or dies.
These orders are based on the income shares model that considers the total household income of both parents and the number of children. The amount of basic child support ordered is based on these income shares and each parent’s share of “add-on” expenses, such as the cost of health insurance for the child, unreimbursed health care costs and a share of necessary childcare expenses.
If a parent does not pay the child support ordered, they can be held in contempt of court. This means they must tell the court why they did not pay the child support ordered and show that they have good reason to think it would be in the best interest of the child for them to comply with the child support order.
Property Settlement
A property settlement is a written contract that details how your marital assets will be split up. These agreements are often used in divorce proceedings to avoid costly and time-consuming trials.
If you are involved in a property settlement, it’s essential to contact an experienced point cook family lawyer to help you understand the process and prepare for it. An effective property settlement will ensure your interests are protected and your financial future is secured.
The settlement process can take between 1 and 4 months. It is usually handled by a conveyancer or solicitor, who will perform most of the legal and financial tasks for you.
At the end of the settlement period, your conveyancer or solicitor should send you a final settlement adjustment statement. This will detail any adjustments made to the sale price, including stamp duty, the First Home Owner Grant and council rates and water fees. It will also include the amount of any loan repayments you have agreed to make.
