At Macedonio and Duncan, LLP, our family law practice is dedicated to helping families in Suffolk County navigate their most personal and pressing challenges. From divorce, to child custody disputes, to questions over paternity, we provide our clients with informed representation when they need it most.
We believe that many family law issues can and should be resolved through the mediation process, but we are fully capable of litigating when necessary. When you become our client, you will have comfort knowing that our capable family law attorneys are on your side. Please contact our office today for a confidential consultation.
Common Family Law Issues in Suffolk County, New York
Families in transition face difficult challenges that cannot be resolved in the home. Our firm regularly handles all aspects of family law, including:
- Divorce (uncontested, contested)
- Division of marital property
- Child custody
- Child support
- Spousal maintenance
- LGBTQ family law issues
- Qualified Domestic Relations Orders (QDROs)
- Post-judgment modifications and enforcement
- Domestic violence (Orders of Protection)
No matter the issue facing you, we will provide you with trustworthy advice so that you can make the best decisions about your family’s future.
Suffolk County Divorce Lawyers
New York is a no-fault divorce state, which means that it is not necessary to prove that either party engaged in wrongdoing (e.g. adultery). Instead, a divorce will be granted if there has been an irretrievable breakdown in the marital relationship. Generally, there are two types of divorce, uncontested and contested.
An uncontested divorce is one in which both parties agree on the key issues that can be expediently resolved. When the parties cannot come to terms, the divorce is contested and court intervention may become necessary. In any event, the best way to protect your interests is to work with an experienced divorce lawyer.
Family Law: Division of Marital Property
Dividing marital property can become a contentious issue for a divorcing couple, particularly when they have accumulated significant assets. Our divorce attorneys are well-versed in the rules of equitable distribution and will work closely with you to protect your property rights.
Although the courts typically award joint legal and physical custody to both parents, working out the details of co-parenting is difficult. Will one parent continue residing in the family home? How close will the parents be living to one another? How will parenting time and visitation rights be determined? In any event, the parties must reach an agreement on a parenting plan before the divorce will be granted.
Calculating Child Support in Suffolk County
The courts rely on the Child Support Standards Act, “CSSA” as a guideline formula to determine how much child support shall be paid to the parties’ child[ren]. Support is based on each parent’s respective annual adjusted gross income from all sources up to $154,000.00; support amounts over and above $154,000 is considered discretionary and if the parties cannot agree upon numbers the Court may implement to their discretion. In circumstances where a parent does not show income as a W2, 1099, or K1 employee, the court may impute additional income to the payor. The “payor” is the non-custodial parent and the “payee” is the parent who retains residential, physical custody of the child[ren]. Child support is paid until the child[ren] reach the age of  or emancipation, whichever comes sooner.
There are three types of spousal maintenance: temporary (pendente lite), rehabilitative, and permanent. Temporary maintenance is paid during the divorce process and ends when the divorce is settled. Rehabilitative maintenance may be awarded in cases where one spouse lacks the job skills or training to earn a living after the divorce. Permanent maintenance is generally reserved for long marriages (10 or more years).
LGBTQ Family Law Issues
At Macedonio and Duncan, we are highly regarded for being dedicated advocates of LGBTQ families. Although New York State recognized marriage equality in 2011, same-sex couples face unique challenges, especially regarding the division of marital property and child custody. Did the couple acquire property together prior to entering into a legally recognized marriage? How is custody determined if only one parent has a biological connection to the child? It takes a highly skilled attorney to resolve these and other complex family law issues.
When the biological identity of the father is uncertain, establishing paternity can help to resolve child custody, visitation rights, and child support issues. Whether you need to establish your parental rights or defend a paternity action, we can help you navigate the process.
Domestic Violence – Family Law
Domestic violence is often thought of in terms of married couples, but violence can also occur between parents and children, dating partners, or people sharing the same household. We work to obtain Orders of Protection for victims of domestic violence, which may also be the basis for a divorce action. At the same time, false accusations of abuse are not uncommon, particularly in cases of a contentious divorce, and we work to defend individuals who have been wrongly accused.
Contact Our Experienced Suffolk County, New York Family Law Attorneys
If you are involved in a family dispute that cannot be resolved in the home, turn to Macedonio and Duncan. When you consult with us, we will take the time to understand your circumstances and help you explore your legal options. While we often recommend seeking negotiated solutions, we have the skills and experience to represent you in Suffolk County Family Court. Above all, we will offer you compassion, knowledge, and dependable service to see you through this difficult transition. Contact our office today to speak with an experienced family law attorney.