Legal Services
Why You Need a Top Lawyer
The Law Office of Nicholas A. Pedersen is a top-tier divorce law firm practicing in New York City. At the Law Office of Nicholas A. Pedersen, we understand that divorce and family law cases deal with the most sensitive issues of life.
During this transition in your life, we understand the importance of the decisions that need to be made and the complex emotions they entail. That is why it is important to work with a family law attorney with whom you feel comfortable, who will treat you with respect and handle your legal matter honorably and ethically, and with the utmost discretion.
Legal Services We Offer
Child Custody
The best-case scenario in any divorce or legal matter involving child custody is if you and the other parent can remain amicable and develop a proposed child custody and visitation agreement. If you and the other parent of your child cannot decide who should have custody, the decision is left to the family court or supreme court. The Family Court or Supreme Court attempts to do what is best for the child and involves both parents whenever possible.
Separation Agreements
If you are having marital problems but are not sure you are ready for a divorce, you may consider a legal separation. A legal separation is an alternative to a divorce. During a legal separation, you and your spouse will live separately and adhere to a binding agreement drawn up by your attorneys. The separation agreement is signed by both you and your spouse. In this binding agreement, all of the pertinent issues which must be resolved are precisely described, including child custody, child support, living arrangements, spousal support, and other details.
Prenuptial Agreements
A prenuptial agreement is a private agreement between a couple that involves the financial consequences of their marriage if it comes to an end.
Some circumstances where a prenuptial agreement may be recommended are:
• There is a significant difference in income and/or wealth between partners
• You are entering your second marriage
• You have children from a previous marriage
• You own part of a business
• Your partner has more debt than you
• You own property prior to the marriage
Postnuptial Agreements
Postnuptial agreements are a special type of arrangement that is established after two people marry.
Many couples decide to create postnuptial agreements after:
• A significant change in financial circumstances
• One spouse gives up their career to care for dependents
• One or both spouses decide to open a business
• One or both spouses receive a sizable inheritance
• One or both spouses incur significant debts before or during marriage
• A substantial loss of trust develops in the relationship
Contested Divorce
Although the state of New York is considered a “no-fault” divorce State, meaning that you do not need specific grounds to divorce, there are still matters that need to be resolved during the divorce process. This requires the couple to come to important agreements, whether through mediation, negotiation or through the family court system. Therefore, to finalize a divorce in the State of New York, all ancillary issues of a divorce proceeding must be finalized. Ancillary issues include, but are not limited to, child custody, child support, spousal support and equitable distribution, including retirement assets and real property.
Uncontested Divorce
In an uncontested divorce, couples have the ability to reach a harmonious resolution to the dissolution of their marriage. For couples who would like to pursue this more peaceful option, the divorce action must meet certain criteria.
The qualifications for an uncontested divorce are:
• Absence of domestic violence or abuse
• Both parties in agreement to the divorce or one spouse is absent
• No disagreements to child custody, spousal and child support or property division
• Grounds for the divorce are accepted by both parties
High-Asset/Net Worth Divorce
Going through a divorce is a difficult process for anyone. But for affluent and high-net-worth couples, it can be far more complex, particularly when they have many different assets and businesses that may be jointly owned or require the enforcement of prenuptial or postnuptial agreements.
Spousal Support/Maintenance
When a couple decides to divorce, one spouse may ask for spousal support or maintenance. In many cases, this is a reasonable request and the amount may be negotiated and agreed upon by the couple or ordered by the court. Whether maintenance is warranted is based on the couple’s unique financial situation and history and is separate from any division of marital assets.
Child Support
In New York State, Child Support Guidelines presumptively apply when combined adjusted gross income is below something called the Cassano Cap. The amount of the cap is increased every year, and the amount of the order can sometimes be quickly calculated based upon the incomes of the parties and the number of children. To determine the combined adjusted gross income, the Support Magistrate will look at the documents which the parties are required to bring to court with them to the initial appearance. These documents would typically include income tax returns, w-2 forms, pay stubs, and a sworn Financial Disclosure Affidavit. Thereafter, the court will determine how much support the non-custodial parent will need to pay the custodial parent based on support calculation. For one (1) child, the percentage is 17%. For two (2) children, the percentage is 25%. For three (3) children, the percentage is 29%. For four (4) children, the percentage is 31%; at least 35% for five or more children
Child Support Modifications & Enforcement
A divorce decree or child support order is a binding court order. When one party violates the order, the other party can go to court to enforce it.
Moreover, after a child support order is final, the payee may file a petition in the future to modify the final support order.
There are three circumstances under which the court may modify the child support order:
1. Substantial change in circumstances — if there have been substantial changes to the cost of raising a child or to a parent’s income, the court may modify the child support order to make it either higher or lower.
2. Three years have elapsed since the order was entered, last modified or adjusted — once three years have elapsed, either parent can seek a modification (upward or downward), and the court has the authority to look at the parties current income to recalculate the Basic Child Support amount.
3. There has been an involuntary change in either party’s gross income up or down by 15% or more since the order was entered, last modified, or adjusted — if either parent has suffered an involuntary 15% decrease in income, and that parent is actively seeking higher paying work, that parent can seek a downward modification of child support.