Divorce & Family Law

While any dispute among family members is stressful, few disputes are more emotionally-charged and upsetting than divorce and matrimonial matters. Because each case is different, it is important to hire an attorney who is dedicated to providing personal attention and care to every client.  The Law Offices of Ira M. Bierman gives each client this necessary level of care.  We explain your options, keep you updated on any developments with your case, and advocate aggressively and effectively on your behalf.  Ira M. Bierman has extensive experience in an array of family law matters ranging from the simple to complex, including:

Child Custody and Visitation

Determining the custody of the children is often the most emotionally difficult issue in a divorce proceeding.  New York law, under the Domestic Relations Law, presumes that both parents have an equal right to obtain custody of their children in a divorce proceeding.  The New York Courts determine custody based on what is in the best interests of the children.  It considers many factors, including the parents' finances, health, and whether there is drug or alcohol abuse, how available the parents are, whether there is a history of domestic violence, who the primary caretaker is, and where the children have been living.  Whether you are the custodial or non-custodial parent, we protect your parental rights and your children's best interests.

Child Support and Maintenance

In New York, whether to award spousal maintenance is solely at the court's discretion.  If the court determines that spousal support is appropriate in a particular case, the court will apply an 11-factor test to determine the amount of support pursuant to Domestic Relations Law Section 236-B(6).  Some of these factors include the length of the marriage and the age and health of both parties, the income and property each owns, their potential and present earning capacity, where the children will live, any potential tax consequences, whether either party has wasted assets or sold property in anticipation of divorce, and any other factors the court deems relevant in a particular case.

For child support, however, Domestic Relations Law 240 sets forth a clear formula for the calculation: a percentage of the non-custodial parent's adjusted gross income depending on the number of children:

• One child: 17 percent
• Two children: 25 percent
• Three children: 29 percent
• Four children: 31 percent
• Five children or more children: no less than 35 percent

Enforcement and Modification of Custody, Support, and Visitation

Ideally, custody, visitation, and child and spousal support agreements will meet the needs of both parents and the children.  Unfortunately, however, circumstances change or one spouse becomes delinquent in honoring the agreements.  The Law Offices of Ira M. Bierman represent clients in enforcing or modifying these agreements. 

Distribution of Assets

In New York, marital property and assets are divided based on an equitable distribution law under Domestic Relations Law 236 B.  To determine what constitutes an equitable distribution in a particular divorce case, the court applies 13 factors.  These factors take into account the health, age, and financial situation of each spouse, how liquid the property is, the need of one of the parties to remain living in the house, the potential future financial situation of each party, the tax consequences the distribution would have, anything either spouse did to waste, transfer, or encumber the other party's share, and anything else the court finds relevant to determining how the assets should be distributed between the parties. 

In addition to the most common issues described above, the Law Offices of Ira M. Bierman also represent clients in grandparents' visitation cases, and proceedings for orders of protection in domestic abuse and family violence cases.  If you receive an unfavorable outcome in the divorce proceeding, the Law Offices of Ira M. Bierman also represent clients in appeals before the appeals division.