In the absence of an express contract, parents have no duty to support an adult child.  For custody, visitation and other purposes, the age of majority in New York is 18 years, but child support remains until 21.  However, this duty is not absolute. 

 The child support obligation may be suspended or terminated before the child is 21 if the child becomes emancipated by becoming economically independent of his or her parents through employment, marriage or entry into military service. 

Under unusual circumstances, a child may be deemed emancipated is he or she is guilty of outrageous misbehavior, such as it makes it inequitable to enforce the New York child support obligation, or if without cause, the child withdraws from parental control and supervision.  In other words, if a child refuses to abide by a parents reasonable rules and decides to leave that parents control, the other parent who is still obligated to pay child support can seek a court order to have the child support obligation suspended or terminated.   It is important to chose an attorney who can assist you in navigating the difficult aspects of child support. 

Please contact Riebling, Proto & Sachs, LLP to discuss your child support rights.

Simply put, as a result of the housing crisis, the value of the home is worth less than the mortgage owed and this makes the process of splitting up that much harder.

These issues were recently feautured in an article in the New York Times.

In making the decision to get divorced it is important to select an New York Divorce attorney who has the experience in dealing with these difficult financial issues.  At Riebling, Proto & Sachs, we have the experience you need in order to ensure that even in these difficult financial times, that your interests are protected.  We can structure settlements in a divorce on your behalf that will help to protect your credit and your finances, even in an uncertain market.

Under New York State law, when a party enters into a stipulation in a divore or matrimonial action regarding child support and that party wishes to modify the child support order, the party must demonstrate an unreasonable or unanticipated change in circumstance.  Moreover, New York state child support enforcement law requires that a party for a downward modification for child support show that his or her change in circumstances is substantial. 

So in other words, in order to avoid potential New York State child support enforcement against a party, that party under New York State child support law, must draft a divorce or matrimonial agreement very carefully. 

At Riebling, Proto & Sachs, LLP,   we have experience drafting such agreements to avoid litigation regarding unanticipated or unforseen circumstances.  We can  handle issues to lower child support and avoid New York State child support enforcement for clients.  Under New York law, child support is handled using a child support calculator and it usually involves a percentage of the income of the parent who does not have child custody.  We also handles such cases on behalf of clients to increase child support under New York law.

In every criminal case an attorney may make a motion to dismiss for a variety of reasons.  Sometimes these motions are not necessary but they can also be a very powerful tool for the experienced criminal defense lawyer.   

In the Yorktown Justice Court, Attorney David Sachs, had all the charges dismissed against a Jefferson Valley client of the firm.  The client was cleared of five misdemeanor counts of falsely reporting an incident.  The case stemmed from a series of allegations made against parents whose children played in the town’s youth soccer program.  The reports came via a telephone line run by the State Office of Children and Family Services and claimed that the parents had mistreated their children.  Westchester County CPS investigated the claims and determined that they were unfounded.

The Police attempted to link the client to the false reports and the prosecution filed criminal charges.   

The client with a prior attorney was encouraged to take a plea deal, but, luckily for the client, David Sachs was hired as his new lawyer.  Mr. Sachs analyzed the case and was successful in his motion to dismiss all five counts.

In order to protect your rights every aspect of a case needs to be analyzed. 

Pretrial motions in any local criminal court may be successful in dismissing a criminal case.

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If you would like to have your criminal matter reviewed by David Sachs or any member of the firm feel free to contact us for a free consultation.  The firm regularly appears in all courts in Westchester, Bronx, Rockland, Putman, Dutchess and Orange Counties on many types of criminal defense. David Sachs is also a former Assistant District Attorney.