My Website is up

Jennifer P. Brown, PLLC  is proud to announce that we have moved to our new, beautiful offices located at  570 Lexington Avenue , Suite 1600, New York, New York 10022, located at the corner of 51st Street and Lexington Avenue.

Our new phone number is (646) 449-7200.

Call or email at [email protected]  to set up your consultation.

The following is some information about divorce in New York from the website of Jennifer P. Brown, PLLC. It is not meant to be construed as legal advice or to constitute an attorney-client relationship between the reader and Jennifer P. Brown, Esq.   Before commencing any legal action, you should speak with, and obtain the direct advice of, legal counsel.

CHILD SUPPORT

In New York both parents have an obligation to support their children. Courts will expect both parents to work, and if one parent is not working, the Court can impute income to that parent for calculating child support, from numerous sources.

Generally, child support in New York is governed by a formula.

Child support = (mom’s income + dad’s income) x a specific percentage depending
on the # of kids

The percentages are:
    17% for one child
    25% for two children
    29% for three children
    31% for four children
    35% for 5+ children

Each parent’s child support obligation is based on his or her respective share of the total income.

Confused? Here’s an example…

Mom earns $60,000 per year and Dad earns $40,000 per year and they have 2 kids.

Child Support = ($60,000 + $40,000) x 25%
Child Support = $100,000 x 25%
Child Support = $25,000

Mom’s Share = $60,000 ÷ $100,000
Mom’s Share = 60%

Dad’s Share = $40,000 ÷ $100,000
Dad’s Share = 40%

Ok…Here’s where it gets a little more confusing…

This formula is only applied to the first $130,000 of combined parental income. For combined income over $130,000 the Court can either (1) apply the percentage, (2) look to a list of factors in the statute for a reason to deviate, or (3) some combination of 1 & 2.

When the parents have very high incomes, the Courts shift towards a needs-based analysis of child support.

In addition to basic child support, the law requires the Courts to tack on certain expenses that the parents are to split and the law gives the court permission to tack on others. The Court must split child care expenses incurred by the custodial parent while working, seeking work or going to school between the parents based on their respective incomes. Health care expenses not covered by health insurance also must be split between the parents.

Depending on the circumstances, the Court may (not must) split the cost of private school, college and extra-curricular expenses. It is important to remember which expenses the Court MUST split and which expense the Court MAY split.

For more information or to discuss your particular situation, contact Jennifer P. Brown at 212-308-7697 or [email protected]  to schedule a consulation.

The following is some information about divorce in New York from the website of Jennifer P. Brown, PLLC. It is not meant to be construed as legal advice or to constitute an attorney-client relationship between the reader and Jennifer P. Brown, Esq.   Before commencing any legal action, you should speak with, and obtain the direct advice of, legal counsel.

CHILD CUSTODY IN NEW YORK

New York law does not create a presumption in favor of either mothers or fathers in custody matters. The overriding consideration of the Court in any child custody matter is the best interests of the particular child(ren) in each case. Results will vary on a case by case basis. However, the general principles examined by the Court are the same. The factors considered by the Court include:

1. Who has been the primary custodial parent in the past;

2. The financial resources of the parents;

3. The presence of siblings in the home;

4. Which parent will most likely foster an ongoing and positive relationship with the other parent.

The child’s wishes will not determine the outcome of the case, and parents involved in custody disputes should keep in mind that children often make conflicting statements to each parent, due to a desire to please both parents.

Parents involved in custody litigation often get caught up in the terminology of child custody, which can be confusing, and frequently doesn’t reflect more current forms of child arrangements. The term “custody” refers both to decision-making regarding the child and where the child lives. When parents have “joint legal custody”, they make major decisions regarding the child together. When a parent has “sole custody” he or she makes the major decisions regarding the child. However, often the other parent has a right to be consulted before decisions are made.

Some Courts also Order a “spheres of decision making” arrangement, whereby final decision making authority over certain issues is split up between the parents. For example, if the mother is a doctor and the father is a teacher, the Court may give the mother final decision making authority regarding the child’s medical treatment and the father final decision making authority regarding the child’s education.

The child’s physical custodian is the parent with whom the child primarily resides. The other parent has “visitation”. Schedules of visitation can vary greatly, depending upon the circumstances of the case. More and more cases are moving toward parents have near equal time with their children. Courts favor children having as much exposure to each parent as possible. It is very rare that a parent will have no access to his or her child.

 Thinking in terms of “decision making” and “parenting time” helps to clear up some of the confusion, and moves parents toward a framework focused on joint responsibilities and split time with the child(ren). More practitioners, including myself, are using these more current terms in settlement agreements.

For more information or to discuss your particular situation, contact Jennifer P. Brown at 212-308-7697 or [email protected]  to schedule a consulation.

The following is some information about divorce in New York from the website of Jennifer P. Brown, PLLC. It is not meant to be construed as legal advice or to constitute an attorney-client relationship between the reader and Jennifer P. Brown, Esq.   Before commencing any legal action, you should speak with, and obtain the direct advice of, legal counsel.

New York is the only State that does not have some form of “no fault” divorce. In short, that means if you live in New York and you want to be divorced, you have to have grounds for it. The most common grounds on which divorces are granted in New York are abandonment for a period of one or more years, cruelty, or the conversion of a separation agreement.

Abandonment in New York takes several forms. There is actual abandonment – your spouse left you, lock out abandonment – your spouse kicked you out of the marital home, and constructive abandonment – your spouse refused to have sexual relations with you. Constructive abandonment is the ground used most often for divorces on consent.

Cruelty is the ground that divorces are least often used for resolution on consent. It is often alleged at the start of the divorce, if it is believed that the defending spouse will not consent to a divorce. The original ground can be amended later in the case if the divorce is being resolved on consent.

Conversion of a separation agreement is the closest that New York comes to a “no fault” divorce. In this type of divorce, the husband and wife enter into a separation agreement settling all issues of the marriage (custody and support of children, distribution of property and spousal support), and after one year, the agreement turns into grounds for divorce. After the year, either the husband or the wife can start a divorce (which is usually uncontested) on the ground of conversion of the agreement.

Some points to keep in mind:

1.     A separation agreement is an agreement. Therefore, if you and your spouse can not reach the terms of an agreement, and you wish to be divorced in New York, you will need to be able to prove some other ground to get divorced.

2.   If your spouse will not consent to some ground for your divorce to be resolved on, and you wish to be divorced in New York, you will need to be able to prove your ground to get divorced.

3.   If you are not able to meet your burden of proof for a divorce in New York, as silly as it may sound, you can be forced to remain married to your spouse, unless you are able to meet the residency requirements of some other State and get a divorce there.

BUT…

4.   Most divorces in New York resolve without trial. Having the right attorney that can help you negotiate a resolution can make all the difference.

Residency

In Order to start a divorce in New York, there is a residency requirement that must be met. The residency requirements are as follows:

1. Either you or your spouse has lived in New York for a continuous period of 2 years before starting the action for divorce; or

2. Either you or your spouse has lived in New York for a continuous period of 1 year before starting the action for divorce and the ground for divorce took place in New York; or

3. Either you or your spouse has lived in New York for a continuous period of 1 year before starting the action for divorce and you were married in New York; or

4. Both you and your spouse have lived in New York for a continuous period of 1 year before starting the action for divorce.

Other issues the court must address are child custody, parenting time, child support, maintenance and distribution of property.

For more information on other family law issues consult my website at http://www.jenniferpbrownesq.com.

To set up a consultation please contact Jennifer P. Brown, Esq.  at (212) 308-7697 or by email at [email protected].

Jennifer combines her sharp litigation skills with artful negotiation techniques to get the desired result for her clients. She treats each client with the highest level of compassion and respect. Jennfer makes herself accessible to her clients 24 hours a day, seven days a week, assuring her clients that she’s always there to assist and support them.

Jennifer will guide you through the negotiation, and, if necessary, the litigation process, while always having your best interest, and that of your children, at heart.

Jennifer practices in the Supreme Courts and Family Courts of the five boroughs of New York City, as well as Westchester County, Nassau County and Suffolk County.

To set up your consultation, contact us at 212-308-7697 or [email protected]. Our offices are located at 425 Park Avenue, 27th Floor, New York, New York, 10022.

Jennifer P. Brown  is a solo practitioner with nearly a decade of experience in the fields of family and matrimonial law, working Of Counsel to the prestigious firm of Butterman and Kahn, located on Park Avenue in Manhattan. Throughout her career Jennifer has successfully negotiated hundreds of settlements of matrimonial and family law cases, and when necessary tried such cases. Jennifer always strrives to get the best result for her clients while never losing sight that what is at issue is a family in turmoil. Jennifer practices in the five boroughs of New York City as well as the surrounding counties of Nassau, Suffolk and Westchester.
 Jennifer received her undergraduate degree from New York University in 1998 with a Bachelors of Arts degree, and graduated from the Benjamin N. Cardozo School of Law, where she received her Doctor of Juris Prudence in May of 2001. Jennifer was admitted to the New York State Bar in January of 2002, at the age of 24, where she remains and attorney in good standing. In January of 2002, Jennifer was admitted to practice in the United States Federal Courts, Southern District of New York and shortly thereafter into the Eastern District.
Jennifer interned both at the Patricia Ann Fersch Family Law Center and the Legal Aid Society Brooklyn Neighborhood Office during law school. Upon graduation from Cardozo, Jennifer joined the Patricia Ann Fersch Family Law Center as the first associate. She was made Senior Associate in 2004 and Managing Attorney in 2007. Jennifer left the Family Law Center to start her own practice in January of 2010.
Jennifer is an active member of the New York State Bar Association and the New York Women’s Bar Association. Jennifer was the 2008-09 Chair of the New York Women’s Bar Association Matrimonial and Family Law Committee and has been on the Benjamin N. Cardozo School of Law Board of Family Law Advisors since 2008.
Jennifer’s current venture is as a solo practitioner in the areas of family and matrimonial law, with an Of Counsel association with the law firm of Butterman and Kahn , a boutique law firm concentrating mainly in the areas of matrimonial and family law practicce, as well as real estate transactions and intellectual property law. The firm has received the highest rating from Martindale-Hubbell, and is listed in the Bar Register of Preeminent Lawyers. Butterman and Kahn is located at 425 Park Avenue, on the 27th Floor, a spacious suite with 2 large conference rooms and several other matrimonial and family law practitioners.

To set up your consultation, contact us at 212-308-7697 or [email protected]. Our offices are located at 425 Park Avenue, 27th Floor, New York, New York, 10022.