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Welcome to The Brooke Law Firm where for over 15 years we have been representing families on Long Island practicing family law such as custody, visitation, violations and orders of protection. 
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At The Brooke Law Firm, our priority is your family structure. For more than 17 years, we have represented parents and children in family court. We represent each case individually and invest our very best minds in every case we take on. Your legal success is our number one priority. Contact us today to see how we can help you and your loved ones by protecting your legal rights.

The Brooke Law Firm is centrally located in Bay Shore (Suffolk County) just south of Sunrise Highway on Main Street (Montauk Highway). We are conveniently located close to many major roadways including Sunrise Highway, Southern State Parkway and the Sagtikos Parkway.


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Do I Have to Pay Child Support if I Have No Income?

By John Brooke • April 7, 2017

If you are going through a divorce and have children, you and your spouse will need to work out a child support arrangement, including who has to pay and how much the monthly obligation will be.

However, what if you don’t have a source of income and can’t afford child support? Will you still be required to make a monthly child support payment? The answer is usually yes. Read on to learn how this is decided and what you can do about it.

How is child support determined?

Child support is determined based on a variety of factors, including how much income each parent earns from a variety of sources, including salary or wages, commissions, bonuses, Social Security benefits, interest, and more. If a parent does not have a source of income, the court may impute income based on a prior work history and/or the parent’s potential earning capacity. (“Impute” means they estimate what you should reasonably be expected to be able to earn and how easily a job could be found.)

For example, if a parent is having career trouble and currently is not employed, the court may look at the parent’s previous employment history to determine how much they are capable of earning again in the future. In other words, your obligation will be partially based on your ability and opportunity to find similar work, whether inside or outside of your chosen profession.

Trying to avoid child support

In some cases, a parent may purposefully choose unemployment in order to attempt to dodge a child support obligation. The courts do not take kindly to this behavior, and will order child support based on imputed income. The court’s decision will, above all, consider the child’s best interests and will order whatever support is necessary to meet the child’s needs.

What if you can’t afford child support?

So what happens if you cannot afford your child support payments? Choosing not to make them, or   informally  arranging a modification with your spouse allowing you to pay what you can, are both incorrect courses of action. Failing to make timely payments means that you will accrue an arrearage, which will give your former spouse the right to file a contempt action. This will cost you even more money in court fees and litigation costs. Making an informal arrangement means you are still not fulfilling your legal child support obligations; only a court-approved child support modification can do that. If you absolutely cannot afford your payments, you should speak with your attorney to learn your options.

Laws surrounding child support can be complex, which is why it is essential to retain knowledgeable legal counsel. We invite you to  g et in touch with The Brooke Law Firm   to learn more about your child support obligation and/or a potential modification, or your rights as the recipient of child support. When you call to request an initial consultation, we will put you in touch with the attorney best suited to handle your case.  

Can Household Chores Cause Divorce?

By John Brooke • April 7, 2017

A recent report from Pew Research Center’s Religious Landscape Study found that more than half of married individuals feel that sharing household chores is an important key to a successful marriage. Shared chores ranked third, behind the importance of shared interests and a satisfying sexual relationship, and ahead of having children and adequate income.

If sharing chores contributes to a happy marriage, what happens to a marriage when one spouse takes on a disproportionate share of the housekeeping burden?

Another study, led by Michael Rosenfeld, Associate Professor of Sociology at Stanford University, discovered that women are more likely to initiate divorce. Rosenfeld cited a key reason for this was gender inequality, or when “husbands expect their wives to do the bulk of the housework and the bulk of the childcare.” The study began in 2009 and followed 2,262 heterosexual adults between the ages of 19 and 64 who were married or in a relationship. By 2015, 92 of those couples had divorced, 69% of which were initiated by women.

Lindsey Taylor, who conducted a similar study in the UK, found that 30% of marriages ended in divorce due to partners unfairly dividing chores. To put this into perspective, the same study revealed that 40% of marriages end due to infidelity. More than half of the couples involved in the study, however, admitted that domestic issues were a factor in their divorce.

What can we conclude from these studies? Do chores matter?

Many other studies exist, some indicating contrary findings to those described here due to other circumstances. We believe the results of many studies can be questioned, since different sampling pools can yield vastly different findings. Studies also cannot be applied directly to a couple’s unique situation.

Given the attention this topic has received over recent years, it seems safe to say that the division of household chores is something that can affect a relationship or marriage, even if it is a symptom of a larger problem, and should be discussed by couples.

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