Practice Areas and Legal Definitions

Divorce:
A court of law is the only way 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. 

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death. 

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation. 

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.  Each state 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 deductions for items such as catastrophic medical expenses and travel expenses for visitation.

If you or someone you know needs the assistance of an experienced New York City family law or probate lawyer, contact Joseph A. Ledwidge, Esq., today at 866-740-1947, or use the contact form provided on this site to schedule your free consultation.

Family Law Frequently Asked Questions

The following information includes frequently asked family law questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For a personal consultation regarding your specific case, please contact New York family law Attorney Joseph Ledwidge today at 866-740-1947.

Can a prenuptial agreement be modified after marriage?
Yes. Any terms of a prenuptial agreement can legally be altered or modified in the future, if both parties so decide.  Other terms of the prenuptial agreement not altered will remain intact, unless both parties revoke the entire agreement in writing.  And some states will alter prenuptial agreements without party involvement.  For example, prenuptial agreements can become void one and a half years after the parties to the contract become parents, unless the agreement is later renewed in writing by said parties.

As prenuptial agreements are becoming increasingly common, so are similar documents called post nuptials agreements.  Post nuptials agreements are much like prenuptials, but are drafted and signed after a couple has been married.  Post nuptials can be drawn up at any time during the course of a marriage, and can be altered in the same way as a prenuptial agreement.

How are Custody and Visitation issues decided?
No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. 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.

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 an 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, a 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.

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.

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 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 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

Attorney Joseph Ledwidge works hard to protect and advance each client’s interests and rights in an efficient, cost-effective, and professional manner. If you or someone you know needs the assistance of an experienced New York City family law or probate lawyer, contact Joseph A. Ledwidge, Esq., today at 866-740-1947, or use the contact form provided on this site to schedule your free consultation. 

FIRM ADDRESS:
Joseph A. Ledwidge, Esq.
Law Offices of Joseph A. Ledwidge, P.C.
170-26 Cedercroft Road
Jamaica Estates, NY. 11432
Phone: 866-740-1947

Hours: M-F, 8:00AM-5:00PM
After hours appointments available

MEMBERS OF THE FIRM:
Joseph A. Ledwidge, Esq.

EDUCATION:

• Hammersmith & West London College, London, UK: Business & Finance
• Thames Valley School Of Law, London, UK: Graduate 1996

COURTS ADMITTED:

• New York, 1998

PROFESSIONAL AFFILIATIONS:

• New York State Bar Association

PRACTICE AREAS:

• Probate
• Wills
• Will Contest
• Estate Administration
• Spousal Right of Election
• Estate Litigation
• Family Law
• Divorce
• Separation Agreement
• Pre/Post-Nuptial Agreements
• Child Custody
• Child Support