Child Custody and Child Support. Nothing is more heartbreaking than a child caught in the middle of a divorce proceeding. We understand the joys, rewards, and tribulations of parenthood. We understand the need for experienced and compassionate representation when it comes to decisions affecting the health, education and general welfare of a child. We believe an agreement, negotiated by parents, is better than terms imposed by a court.
Divorce or Legal Separation can be one of the most stressful times of your life. When dealing with issues of financial uncertainty or child custody, visitation and support you need an experienced attorney to guide you through the process so you can make the best decision for your family’s future.
Enforcement. When a former spouse claims that the other has failed to abide by his or her court ordered obligations and responsibilities, whether it be in child support, alimony payments, or even visitation schedules, a family law attorney from Fuchs and Eichen can represent you in the enforcement or defense of these court ordered obligations.
Marital Estate Distribution. New York is an equitable distribution state, which means that the name in which the title is held is not the determining factor. Issues may arise over the classification of property as marital and/or separate. Any increased value in the property itself may be considered a marital asset. Partners or spouses have been known to hide assets, divert funds, and conceal financial resources. In such cases, we subpoena documents and work with accountants to examine financial records and, if necessary, value assets for equitable distribution.
Mediation / Collaborative Law. Charna Fuchs and Linda Eichen can aid in empowering you and your spouse to maintain control over your lives without placing your rights at risk in a court determined decision. Mediation creates a safe environment for open communication without fear of using statements as evidence in court. Similarly, the collaborative process provides an environment for spouses and their respective attorneys to come to a litigation free resolution.
Order of Protection and Restraining Orders. If you need to discuss various ways to protect yourself or your family, contact Fuchs and Eichen. There’s no reason to wait. Time may be of the essence.
Paternity. Refers to the process of determining the legal father of a child. When a child is born to unmarried parents, the child has no legal father.
Pre-Nuptial and Post Nuptial Agreements. Whether you’re getting married — or you’re already married — the seemingly “unromantic” marital or nuptial agreements can actually bring a couple closer together by encouraging a dialogue about issues such as inheritance, pre-marital property, and provisions for children from a prior marriage. These agreements detail each party’s assets and can define their respective rights in the event of death or divorce.
Post-Judgment Modification Proceedings. Your divorce or legal separation was finalized, but later you find circumstances arise that may warrant a change to your court order or agreement or the necessity to enforce the terms thereof. This may require revisions to child custody and visitation schedules. Other considerable factors are relocation due to changes in employment, remarriage of one party, or your income or the income of your ex-spouse changes dramatically. When any post judgment proceeding becomes necessary, the skilled attorneys at Fuchs and Eichen are ready to assist and guide you through the process.
Spousal Support or Maintenance (Alimony). Unlike child support, no formulas are used when calculating spousal support. Instead, a number of significant determining factors are considered, including the family’s standard of living, marriage duration, and the health and ages of both parties, Also considered are current and future earning capacities, how marital assets have been divided, and who is providing childcare and housing for the children.
Visitation Rights. It is usually in a child’s best interests for both parents to play a significant role in the life of their child. Grandparents can petition for visitation rights to remain part of their grandchild’s life. Contact Fuchs and Eichen to help you ascertain rights when it comes to visitation.