The New York family law office of Barton R. Resnicoff, Attorney at Law, is ready to help you with all of your divorce and family law needs. I offer you more than thirty years of legal experience, solely in the area of divorce and family law. I have earned a reputation throughout the Long Island legal community for providing fair, cost-effective divorce and family law representation that gets results. I won't run up your legal fees by promising you the world, then not delivering. I will listen carefully to your needs, then I will tell you exactly what to expect under the law. We will work together to reach a fair settlement agreement that you can live with in your new future.

Contact Barton Resnicoff when you need help with:

• Child Custody
• Child Support
• Jurisdictional Issues
• Spousal Support (Alimony)
• Visitation
• Divorce
• Adoption
• Prenuptial Agreements
• Property and Debt Division

Guiding You Through a Custody Case:
No area of family law brings to the courtroom as much tension, anxiety, hostility and raw emotion as child custody and visitation litigation. 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.

The clients of Attorney Barton R. Resnicoff always receive his best efforts, as well as the full dedication of Associate Attorney Lisa M. Williams. Barton Resnicoff provides conscientious service to individuals in divorce cases, and assists parents with child custody, child support and related issues in the courts of New York City, Nassau and Queens Counties, and the surrounding areas of the State of New York.

The Importance of Child Support:
Child support covers everything a child needs, and more, during the growth and formative years.  A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life, and children should share in the standard of living of both parents.

The amount of a child support award is more than a question of bare necessities. If the child has a wealthy parent, that child is entitled to, and therefore needs something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that exceeds the custodial parent's living standard, child support must to some degree reflect that more opulent lifestyle.

Take Action to Protect Your Rights:
If you or a loved one is going through a divorce or child custody case throughout New York City and you need the help of an experienced family lawyer, call Barton R. Resnicoff today at 347-696-0111  or 516-247-9239, or complete the contact form provided on this site to schedule your consultation.

Practice Areas and Legal Definitions

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 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 for you and for 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 for a child's living expenses (i.e. food, clothes, etc.), along with 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 into 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.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will generally require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

For over twenty years, these so-called move-away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Assistance of counsel is highly recommended if a disagreement exists between the parents. Issues involving two or more different states are governed by the Uniform Child Custody Jurisdiction Act (UCCJA) and the Federal Parental Kidnapping Prevention Act (PKPA).

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

Child Visitation:
The right of a non-custodial parent to visit or spend time with his or her children is a crucial legal arrangement. The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. Child visitation can take a variety of forms or schedules. Some common arrangements include the following:

• Alternate weekend visitation with the non-custodial parent, including three-day holidays.
• Mid-week visitation with the non-custodial parent.
• Sharing of the child during periods of school recess: winter, spring and summer.
• New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years.
• Mother's Day with Mother, Father's Day with Father.
• Alternate years on the child's birthday.
• Open telephone contact by the parent who does not have actual physical custody of the child.
• Exchange of a few days of visitation as mutually agreed without the need for a change or modification of the court order.

Divorce:
A court of law is the only venue in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Along with 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.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family that is different from his or her birth family. Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support, and other legal matters. In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed, and the court orders the issuance of a new, amended birth certificate.

Prenuptial Agreements:
A prenuptial agreement, or a premarital agreement 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 and 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, along with the intentions regarding distribution of individually owned property upon death.

Factors that cannot be stipulated in prenuptial agreements are binding legal matters such as child support. For example, a couple cannot lawfully agree in a prenuptial agreement that either party will in no way be responsible for restitution. 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 factor into the degree of compensation.

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 refunds and household furnishings. However, property that is inherited by one spouse (i.e. a family business or estate) is not considered marital property.

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 if 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 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 going through a divorce or child custody case throughout New York City and you need the help of an experienced family lawyer, call Barton R. Resnicoff today at 347-696-0111  or 516-247-9239 , or complete the contact form provided on this site to schedule your 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 Barton R. Resnicoff today at 347-696-0111  or 516-247-9239 

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. This is not a favored alternative. 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 to 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; this is designed 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 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, 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 fail to 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; additional 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. Upon receiving an objection to the offer, a 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 court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.

Are there different types of adoption?
Adoptions takes place in various forms, and are generally classified as independent, agency, step-parent, relative placement, and adult adoption. Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary (i.e. a pastor, family friend, or doctor). Agency adoptions are handled through a child placement agency; approximately two-thirds of all adoptions in the United States are arranged through agencies.

In a step-parent adoption, the adopting family is a birth parent with a new spouse; this usually follows a divorce or spousal death. Adult adoption is the process whereby a person eighteen years or older is legally adopted by one or more persons eighteen years or older. Relative placement adoption occurs when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect and another relative assumes physical custody and responsibility for the child.

Should I make a prenuptial agreement with my future spouse?
The answer to that depends on your specific circumstances, and on the two of you as individuals. Financial planners and divorce attorneys argue that prenuptial agreements should be considered if any of the following particulars apply: there are children involved from a previous marriage, there is an individual ownership of a business or family company, there are significant individual assets or substantially unequal income between parties, or there is concern about a future spouse's personal debt. Since laws about what constitute marital property and what governs the division of assets after marriage vary from state to state, a prenuptial agreement can work as a legal protection mechanism for both parties.

Often, prenuptial agreements are misunderstood. It is argued that prenuptial agreements are an attack on trust, or evidence that financial matters outweigh the presence of love in a marriage. This is not necessarily true. Most prenuptial agreements are made by couples who want to bypass the mandates of a court in the event of a divorce or death, or couples who have children or grandchildren from prior marriages and want to ensure that individual property, such as businesses or estates, pass down to the family rather than to the spouse. Regardless of the circumstances, prenuptial agreements are comprehensive in nature and should be approached without emotional misconceptions.

Is a father who never married the mother still required to pay child support? What if the father is not allowed to see the child?
Regardless of marital status, an 'assumed father' is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing. Assumed fathers are required to pay child support. Additionally, a man who never marries a child's mother, but welcomes the child into his home and supports the child as his own may gain a 'presumed' father status, and typically, the presumption of paternity holds the same rights and responsibilities of an assumed father with regard to parental liability and monetary support.

Every parent has a financial obligation to support his or her children, and child support should never be confused with custodial or visitation rights. There is no state which permits a parent to withhold child support because of disputes over custody or visitation. If a non-custodial parent believes his or her rightful child visitations are being disrupted, it is recommended they contact an attorney to file a claim against the custodial parent in a court of law, rather than stop making child support payments as a form of retaliation. However, in the event of parental kidnapping, in which the custodial parent completely disappears with the child, any wage garnishments or income attachments made for child support on behalf of the non-custodial parent would cease.

Professional Profile

The Barton R. Resnicoff law firm provides strong representation to clients in New York City Courts, and in Nassau County, Queens County and the surrounding areas of New York State.

Take Action to Protect Your Rights:
If you or a loved one is going through a divorce or child custody case throughout New York City and you need the help of an experienced family lawyer, call Barton R. Resnicoff today at 347-696-0111  or 516-247-9239 , or complete the contact form provided on this site to schedule your consultation.

Firm Contact Information:
Barton R. Resnicoff
287 Northern Blvd., Suite 112
Great Neck, New York 11021
Telephone: 347-696-0111 or 516-247-9239 

BARTON R. RESNICOFF, Lead Attorney

Certifications:

• Board Certified Family Law Specialist, Certified by the National Board of Trial Advocacy, May, 1, 1996

Professional Memberships:

• American Bar Association
• New York State Bar Association
• Queens County Bar Association
• Nassau County Bar Association
• Suffolk County Bar Association

Education:

• Law School: St. John's University, Juris Doctor Degree, 1974
• College: The City College of the University of New York, Bachelor of Arts Degree, 1970

LISA M. WILLIAMS, Associate Attorney

Professional Memberships:

• American Bar Association
• New York State Bar Association
• Queens County Bar Association
• Nassau County Bar Association
• New York State Women's Bar Association

Education:

• Law School: St. John's University, Juris Doctor Degree, 2003
• College: New York University, Bachelor of Arts Degree, 2000