What to Expect in Family Court
"Our firm is entirely devoted to divorce and family law."
Bryan L. Salamone, Esq.
- Aggressive representation
- Personal attention
- Free consultations
- Very reasonable rates—Retainers as low as $2,000 and hourly rates as low as $290 on select cases
What to expect in Family Court
Family Court has limited jurisdiction. Family Court deals with relationships between people that could be considered a family. Family Court usually handles paternity, custody and support, family offenses (orders of protection), and neglect proceedings.
Paternity
A petition for paternity is commenced in Family Court. DNA testing is done, and paternity can be established. There are rare cases in which an individual has acted or has held himself out to be the parent of someone for many years, and then he is denied or stopped from stating that he is not that child’s parent. Even though a DNA test would rule that he is not the parent, this person could be charged to continue to pay support and be responsible for the child who is not his. This is because, for many years, the person held himself out as the child’s parent.
Here at Bryan L. Salamone & Associates, P.C., we are well versed in the requirements needed to present evidence and prosecute or defend a paternity declaration.
Contact us immediately if you have a paternity case.
Support
Support matters in Family Court can result from a non-married individual failing to support his or her spouse or children, a married individual failing to support his or her spouse and/or children, or someone not living up to a prior order of support, whether it was by divorce or Family Court.
People who are not married and have a child may find themselves in Family Court after a break up. As experienced family law professionals, we advise everyone to go to Family Court with a lawyer. Anybody who walks in a courthouse should have a lawyer. We are not saying this because we need any extra cases; we are simply stating the obvious. If you are thinking of going to court by yourself, ask yourself these three questions:
- Can I question myself under oath?
- Can I introduce certified evidence with a foundation?
- What am I going to do when I go down in flames as a result of this decision?
We have hundreds of cases in which individuals presented before the Family Court support magistrates and got their heads handed to them. They have then come to our firm to fix what they have already messed up. We do not mind doing this, but if you are reading this, and you are considering going to Family Court without an attorney, do not do it. If you have already done it, we may be able to undo the mess you got yourself into. Everyone who walks into Family Court should have an attorney. It makes the cases go smoother, and if we can save you a few dollars a week or win a few dollars a week for you over the long run, it will pay for itself tenfold.
Consequences for not supporting the family
It is true that a married person who neglects to pay for utilities of a home or basic support to a spouse and/or children can be hauled into Family Court. If this is your situation, contact us immediately. If you are married and your husband is not paying for your basic support and is using the money elsewhere, such as mistresses, gambling, etc. (or if your wife is doing same), call us immediately.
If you are not getting what you want in connection with support, please call us.
Modifications
At Bryan L. Salamone & Associates, P.C., we handle modifications (upward and downward) of support orders. Support orders can be modified, and they can be terminated. If you are paying too much maintenance or child support, contact us to have it reduced. If you are not getting enough maintenance or child support, contact us to get more. We know the rules, and we can present the facts in order to maintain the maximum benefit for our clients.
With respect to enforcement, Family Court is a better forum to enforce support orders than the Supreme Court. This does not seem like it would be true, but it is. Supreme Court contempt proceedings involve the exhaustion of any and all remedies, while Family Court does not. In Family Court, if someone is not living up to an agreement, he or she may be held in contempt with one application.
Custody and visitation
Family Court has three types of cases:
- O Docket Cases
- F Docket Cases
- V Docket Cases
Custody cases are V Docket Cases. These involve custody and visitation. If you have a child and you want custody (whether it is sole or joint legal), contact us immediately. If you need relocation, contact us immediately. If you are not receiving enough visitation and would like to change or modify your support or custody, contact us. We have the experience to obtain the results you need.
If your matter is important, do not e-mail; call us immediately.
You may reach us at either of these numbers:
- (631) 424-3597
- (516) 222-ATTY (2889)
Located off Rt 110 Between Exit 49N of the LIE and Exit 40S of the Northern Parkway
Well-known for aggressive representation of clients in complex, high-conflict cases.
