New York Family Law Lawyer

Practicing Law Since 1992

Family law is a very sensitive and emotionally-challenging area of law. Tensions are usually running high, and finding reasonable solutions may feel impossible.

As an experienced and dedicated New York Family Law attorney, my firm will stand by you and provide effective legal services during what may be one of the most difficult times of your life. We are a full-service matrimonial, family law and litigation law firm, established to provide the most committed and personal legal service to clients (men and women in equal numbers) in a wide range of domestic relations and family law matters.

Contact our firm today if you or a loved one needs legal assistance with any of the following:

Divorce
Child custody, child visitation, child support, child support modification and child support enforcement
Alimony (spousal support), alimony modification, and alimony enforcement
Equitable distribution of marital assets/property and debt division
Paternity issues and termination of parental rights proceedings
Separation agreements, prenuptial agreements and cohabitation agreements
Domestic partnerships

Greener & Schioppo, P.C. handles local, national and international family law matters involving complex legal and financial issues, and vast marital estates as well as more modest matters. Our firm’s attorneys are outstanding negotiators and trial litigators who represent clients in contested trials as well as in amicable settlements, tailoring particularized strategies and programs to the individual needs of our clients.

Our firm understands that divorce and other family law matters are exhausting, both emotionally and financially. We will work closely with you throughout the process, giving you the answers you need to make informed legal decisions for you and your loved ones. Our goal is to help our clients find the solutions they need that will work best for their family.

If you or a loved one needs the help of an experienced New York Family Law attorney, call Richard A. Schioppo of Greener & Schioppo, P.C. today at 866-435-3781, or complete the contact form provided on this site to schedule a consultation.

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.

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.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general 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.

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 for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

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.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

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 marriage), pension plans, vehicles, bank accounts, income tax refunds 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 the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

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.

Professional Profile

Additional Location:
48 Union Avenue, Suite #1
Saratoga Springs, NY 12866

Phone: 866-435-3781
Hours: M-F, 8:00AM-5:00PM

Attorney Richard A. Schioppo

Richard Schioppo has been practicing law since 1992, and is admitted to the Bar of the States of New York and New Jersey, as well as the United States Southern and Eastern Districts of New York. He is a member of the New York State Bar Association, the Matrimonial Section of the New York County Lawyers’ Association. Mr. Schioppo graduated from Ohio University in 1989, cum laude. He received his Juris Doctor from Touro Law School in 1992; and served as Research Editor for Touro Law Review in 1991.

Mr. Schioppo specializes in all aspects of matrimonial and family law. These matters include uncontested and contested divorce matters, as well as a wide range of domestic relations and family law matters. Mr. Schioppo handles local, national and international custody and visitation disputes, prenuptial, postnuptial and separation agreements, cohabitation agreements, paternity proceedings, same sex family law issues, post-divorce modification and enforcement proceedings.

Mr. Schioppo has vast trial experience representing both clients of high net worth and modest means; and has handled appeals from Supreme and Family Court, with drafting appellate briefs and arguing before the Appellate Division.

Jurisdictions Attorney is Licensed in: New York, New Jersey, United States District Court for Eastern and Southern Districts of New York
Date Admitted to the Bar: 1993
Colleges Attended, Degree & Year Graduated: Ohio University, B.S., 1989; Touro Law School, J.D., 1992
Professional Memberships & Achievements: New York State Bar Association, New York County Trial Lawyer’s Association, Matrimonial Section.

Office Location

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