Working With You to Resolve the Issues in Your Family Law Case:
A divorce, child custody case or other family law case does not always have to be a combative experience.  Even when the issues are complex, your future is at stake and emotions are running high, Attorney Gary Port protects your legal rights while avoiding unnecessary conflict and heartache as much as possible.

Gary Port has more than twenty years legal experience, concentrating the last thirteen years on building a proven track record representing both men and women on issues of divorce, spousal maintenance (alimony), child custody, etc. This enables him to provide you with sound advice about the possible litigation results of your case.

Contact the Law Office of Gary Port, P.C. when you need help with:

• Divorce
• Military Divorce Child Custody
• Child Support
• Spousal Maintenance (Alimony)
• Property and Debt Division

"I am goal oriented and try to help the client achieve their goals with the minimum of emotional upheaval and minimum cost. I believe that the attorney and the client must form a strong working partnership. The attorney must respect the client's wishes but also be ready to provide the hard truths to the client."

– New York divorce lawyer Gary Port

A Parent's Advocate:
Gary Port guides his clients through the most difficult and emotional legal problems that a parent can experience. Parental rights are important and sacred, and Attorney Port has the know-how and experience to help protect those rights.

No area of family law brings to the courtroom the tension, anxiety, hostility and raw emotion as child custody and visitation litigation. That is why it is important to have Gary Port there to back you up. His clients always receive the benefits of his best efforts and his office provides excellent and conscientious service. Special attention is given to interstate custody and child support cases where the other parent lives in another state.

Take Action to Protect Your Rights:
If you or a loved one is involved in a divorce or child custody case in Queens, Long Island or throughout New York City and you need the help of an experienced family law attorney, call Gary Port today at 866-729-5366, or complete the contact form provided on this site to schedule immediate consultation.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e., food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. The State of New York has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. The Court may allow deduction items such as catastrophic medical expenses and travel expenses for visitation.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of a marriage), a pension plan, vehicles, bank accounts, income tax refund and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e., a family business or estate.

If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under it determined to be non-dischargeable by the bankruptcy court or in state court.

Take Action to Protect Your Rights:
If you or a loved one is involved in a divorce or child custody case in Long Island, Queens, or throughout New York City and you need the help of an experienced family law attorney, call Gary Port today at 866-729-5366, or complete the contact form provided on this site to schedule immediate consultation.

Frequently Asked Questions

The following information includes frequently asked family law questions. These questions and answers are general in nature and should not be used as specific legal advice for your case. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For specific questions about your case, contact the Law Office of Gary Port, P.C., at 866-729-5366.

How are Custody issues decided?
Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. Most parents pay lip service to this ideal, but often cannot reach it in actuality. Most often a judge will take great pains to get parents themselves to come to a mutually acceptable custody agreement if that is possible. A decision made by a stranger is rarely completely acceptable to all if the attempt has not been made in earnest. The family court systems of the states usually have several layers of counseling, mediation and conciliation to attempt to bring warring parents together for the purpose of resolving the issue of what it is in the best interests of their children.

What about visitation?
Generally a court will grant reasonable visitation rights to a parent unless it is shown that the visitation will be detrimental to the best interests of the child. A non-parent can in the discretion of the court also be granted visitation rights if they have an interest in the welfare of the child--this is generally divided into the area of grandparents, stepparents and other non-parents. It should be noted, however, that this is discretionary. The court may also approve visitation plans and restrictions considering factors relevant to the best interests of the child.

How can a parent remedy the frustration of visitation rights?
A variety of remedies are available to provide relief to the non-custodial parent who has had visitation rights frustrated. The non-custodial parent can commence an action to show cause concerning contempt for violating the court's order pertinent to visitation. The court also has power to modify support, yet this works a hardship on the welfare of the child and is similarly not favored. Another alternative is to ask the court to require the custodial parent to post a monetary bond, which would be forfeited if the custodial parent frustrates visitation. Usually a history of frustration of visitation is the threshold that must be shown the court, not a sole incident.

How is the amount of child support determined?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

When can a child support order be changed or modified?
An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent's financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

What happens to a father who refuses to pay court ordered child support?
Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term.

Can I object to the terms my spouse has requested in our divorce?
Yes, you (along with your attorney) can reject the terms of your spouse's offer. On receiving an objection to the establishment of a family law attorney's settlement, the New York divorce court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the New York divorce court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.

Professional Profile

Gary Port provides strong representation to clients going through domestic relations cases in Queens and also in all of New York City and, as necessary, in other parts of New York State.  Please call his office today to schedule a free consultation.

Firm Contact Information:

Law Office of Gary Port, P.C.
99 Tulip Avenue, Suite 304
Floral Park, New York 11001-1974

Phone: 866-729-5366

GARY PORT, Attorney

Gary Port was commissioned in the U.S. Army in the Judge Advocate General's Corps, December 23, 1986 and served three years on Active Duty at Fort Bliss, Texas. He returned to New York in 1990 and became an assistant District Attorney in Brooklyn.  After having prosecuted a number of major crimes, he left the D.A.'s office for private practice in 1993.

Attorney Port is a lieutenant colonel in the United States Army Reserve, currently assigned to the 4^th Legal Support Organization in New York.

His practice consists of general litigation, with an emphasis on helping service members, their dependants and retirees. Approximately 40 percent of Port's practice is family law. He also engages in commercial litigation and performs business incorporations.  Attorney Port defends service members at Court-martials, assists them in correcting military records and prosecutes medical malpractice claims against the Veterans Administration Hospitals.