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Free Guide to Hiring a Family Lawyer
White Plains, United States Attorneys in related practice areas.
Browse our 2 legal questions about Family in United States and the lawyer answers, or ask your own questions for free.
Thank you and best regards, Kingsley Izimah, Esq. SK Solicitors
Read full answerit is the discretionary power of the court to determine the amount for the support of your child, it is not fixed amount
Read full answerFamily law in White Plains is governed primarily by New York State statutes and decided in county courts located in Westchester County. Common matters include divorce, child custody and visitation, child support, spousal maintenance, paternity, adoption, orders of protection for domestic violence, and related family-offense matters. Which court hears a case depends on the issue - matrimonial matters such as divorce and equitable distribution are typically handled in the Supreme Court - Matrimonial Part, while Family Court handles child support, custody for unmarried parents, paternity, and family offenses. Local practices and court procedures can affect timing and process, so it helps to understand both state law and county-level rules when you are seeking help in White Plains.
Family law matters often involve high stakes - parental rights, financial stability, home ownership, and personal safety. You may need a lawyer when outcomes will significantly affect your life or the life of your children. Common situations that call for legal help include:
- Contested divorces where property, debts, or business interests are involved. Complex asset division can require valuation, forensic accounting, and detailed negotiations.
- Disputes over child custody and parenting time. Courts base decisions on the child's best interest, and lawyers help present evidence, negotiate parenting plans, and prepare for hearings.
- Child support enforcement or modification. If a parent is not paying court-ordered support or has had a major change in income, legal help can enforce or modify an order.
- Spousal maintenance or alimony claims. Determining eligibility and amount often involves detailed financial disclosure and negotiation.
- Orders of protection or family-offense proceedings. If you face domestic violence or credible threats, an attorney can help obtain emergency protections and navigate criminal or family court processes.
- Interstate or international issues. If a parent or assets are in another state or country, jurisdictional rules and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may apply.
- Adoption, guardianship, and stepparent legal matters. These require strict procedural compliance and clear documentation.
- Modifications and enforcement. Once an order is entered, you may need counsel to modify terms due to changed circumstances or to enforce non-compliance by the other party.
Key aspects of New York family law and local practice that affect cases in White Plains include:
- Jurisdiction and venue. Matrimonial matters are filed in the Supreme Court - Matrimonial Part of Westchester County. Family Court handles child support, paternity, custody for unmarried parents, and family-offense petitions. If parties live in different counties, venue questions arise and can affect where you file.
- Child custody and parenting time. Courts decide custody based on the best interest of the child, weighing factors such as parental fitness, the child-parent relationship, the child's needs, any history of domestic violence, and continuity in the childs life. Courts can issue joint or sole custody and detailed parenting-time schedules.
- Child support. New York uses the Child Support Standards Act with a guideline formula based on combined parental income up to a statutory cap. The court also considers child care costs, health insurance, and other factors when setting support.
- Spousal maintenance. Maintenance is determined by statutory guidelines and factors including length of the marriage, the parties incomes and employability, and contributions to household or career advancement. Temporary maintenance may be awarded while a case is pending.
- Property division. New York applies equitable distribution - not a strict 50-50 split. The court divides marital property fairly after evaluating contributions, economic circumstances, and other statutory factors. Separate property, like pre-marital assets or gifts, may be treated differently.
- Orders of protection and family offenses. Victims of domestic violence can seek orders of protection in Family Court or as part of a criminal case in criminal court. Remedies can include exclusive use of the home, stay-away provisions, and temporary custody or visitation orders.
- Paternity and parental rights. Establishing paternity creates legal parental obligations and rights. Paternity can be established voluntarily or through court orders and DNA testing.
- Alternative dispute resolution. Westchester courts encourage mediation, early neutral evaluation, and settlement conferences, especially for custody and support disputes. These options can reduce time and expense and give parties more control over outcomes.
To start a divorce you generally file a summons and complaint in the Supreme Court - Matrimonial Part of Westchester County. If you and your spouse agree on terms, you can pursue an uncontested divorce with settlement paperwork. If not, the case proceeds through discovery, possible motions, and trial. You should gather financial records, proof of residency, and documents about children and assets before filing or responding.
You are not required to have an attorney, but custody and visitation decisions are complex and significant. A lawyer helps gather evidence, prepare parenting plans, advocate at hearings, and protect your parental rights. If you cannot afford an attorney, Family Court and the courthouse self-help providers may offer guidance and there are local legal aid organizations and pro bono programs that can assist.
Child support is based on the Child Support Standards Act guideline formula which uses the parents combined income and divides responsibility proportionately. The calculation covers basic child support and may add health insurance, child care, and educational expenses. Courts can deviate from the guideline in certain circumstances but must explain the reasons for deviation.
New York follows equitable distribution. The court identifies marital property, values assets and debts, and divides them fairly based on factors such as length of marriage, contribution to asset accumulation, separate property claims, and each spouses economic situation. Business interests, retirement accounts, and real estate often require appraisals and detailed financial analysis.
Spousal maintenance, also called alimony, compensates a financially disadvantaged spouse. Courts use statutory factors and a statutory maintenance guideline to determine amount and duration. Factors include length of the marriage, income and income-earning capacity, age and health, and the standard of living during the marriage.
Yes. If you are a victim of domestic violence or a family offense, you can seek an order of protection in Family Court or through the criminal court if there are criminal charges. An order can provide immediate protection - such as no-contact directives, stay-away orders, and temporary custody provisions. If you believe you are in danger, seek immediate assistance from law enforcement and the court.
Timing varies widely. An uncontested divorce may take a few months to finalize. Contested divorces with complex assets or discovery can take a year or more. Custody or child support cases in Family Court may resolve faster but can also require multiple hearings if disputed. Mediation and settlement efforts can shorten timelines, while emergency relief or protection orders are handled more quickly.
Interstate custody and support cases involve jurisdiction rules like the UCCJEA for custody and the Uniform Interstate Family Support Act for support enforcement. You may be able to file in New York if the child has significant connections to the state, but coordination with the other states courts and agencies is common. Legal help is especially important for interstate disputes.
Yes. You can request modifications if there has been a substantial change in circumstances since the order was entered - for example, a change in parental income, a relocation, or changes in the childs needs. Courts will review the change and the child's best interest before altering custody or support. Emergency modifications may be available in urgent situations.
Start with the Westchester County Bar Association lawyer referral service and local legal aid organizations that handle family law cases. Many attorneys offer low-cost initial consultations or sliding-fee arrangements. Court self-help centers and family law facilitators can provide basic information and forms; mediation programs offer lower-cost ways to resolve disputes. If you cannot afford a lawyer, apply to local legal aid groups for eligibility and assistance.
When you need help or information, these local and state resources can be useful:
- Westchester County Family Court - the court that handles custody, child support, paternity, and family-offense matters.
- Westchester County Supreme Court - Matrimonial Part - handles divorce, equitable distribution, and matrimonial relief.
- Westchester County Clerk and local court clerks - for forms, filing procedures, and scheduling information.
- Westchester County Bar Association - lawyer referral services and listings of family law attorneys.
- Westchester Legal Services and other legal aid organizations - for low-income and pro bono family law assistance.
- New York State Unified Court System - statewide resources, self-help guides, court rules, and information about filing procedures.
- New York State Office of Temporary and Disability Assistance - for child support enforcement services and information on public benefits.
- Court-based mediation and alternative dispute resolution programs - for lower-cost settlement options and parenting-time mediation.
- Local domestic violence advocacy and shelter programs - for safety planning, counseling, and support when you face abuse.
If you need legal assistance with a family law matter in White Plains, consider the following steps:
- Gather documents - collect financial records, pay stubs, tax returns, property titles, leases, mortgage statements, and any records related to children including school and medical records. Clear documentation speeds up advice and filings.
- Contact a lawyer for a consultation - prepare a short chronology of events and a list of questions. Ask about experience with Westchester County courts, fee structure, and whether the attorney handles mediation.
- Explore low-cost options - contact legal aid organizations, the county bar association referral service, and court self-help centers to learn about eligibility for pro bono or reduced-fee assistance.
- Consider mediation or collaborative law - these options can reduce cost and preserve control over outcomes, especially for custody and support agreements.
- If safety is a concern - call law enforcement and seek an emergency order of protection. Reach out to local domestic violence services for immediate support and safety planning.
- Keep records and limit online disclosure - preserve texts, emails, and documents that support your case, and avoid posting about ongoing legal disputes on social media.
- Act promptly - some actions are time-sensitive. If you think you need court orders to protect your finances, your home, or your children, seek advice quickly to understand filing deadlines and emergency remedies.
Family law matters are personal and often stressful. Getting accurate information and timely legal advice specific to Westchester County and New York State will help you protect your rights and make informed decisions about the next steps.
