John N. Fath, PC

Over 25 Years of Experience in New York

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Firm Overview

We at the law offices of John N. Fath, P.C. are proud of our profession. Over the past 28 years, we have earned a reputation in the legal community for our integrity, honesty, competence and service to our clients. Our attorneys have earned the Martindale-Hubbell Peer Review Rating of "BV," which indicates the strongest possible commitment to professional standards of conduct and ethics, and an exemplary level of competence in terms of legal expertise and knowledge.

Our goal is to make you, our client, feel comfortable, to handle your problem in the most expeditious manner possible, and to resolve the matter to your satisfaction. We will make ourselves available to you 24 hours a day, seven days a week. We spend whatever time it takes to make sure that you understand your problem in a legal context, that all of your questions are answered, and that you are comfortable and confident about the manner in which your problem is being resolved. We care about all of our clients and keep them informed of the progress of their case on a regular basis. It is very important to us that we communicate with you honestly about your case and give you the best, most informed legal advice possible. Even when the advice we give is not what you expected to hear, you can be assured that it is solidly backed by our extensive legal knowledge and experience.

Our office has over fifty years of combined experience in divorce and family law, criminal law, personal injury, estates and estate planning (including wills and trusts), residential real estate, landlord/tenant disputes, and general and commercial litigation. After reviewing your case with you, if we feel that your problem does not fall within our areas of specialization, our familiarity with the local legal community makes it possible for us to refer you to another attorney who will give you same outstanding service as we would.

We invite you to click on the below practice areas to look into our experience and expertise with respect to the particular issues that concern you. Then call or email us today to see how we can help you resolve your legal problems.
Main Office

Main Office
629 Route 112, Suite 7, Shore Building
Patchogue  NY  11772

Phone
  • 631-654-2303
Fax
  • 631-289-8305
Child Custody
Child Custody and Visitation
In any divorce, child custody issues are difficult to negotiate. Both parents have a strong desire to maintain close, regular contact with their children so that they can continue to support, advise and direct them toward a responsible, independent adulthood. Unfortunately, parents all too often stubbornly pursue mutually conflicting goals of child custody, making it impossible to come to an agreement that is focused on what is best for the children.

The attorneys at the law firm of John N. Fath, P.C. have over twenty-five years of experience negotiating child custody issues for their clients in Nassau County and Suffolk County. We are parents, too - we understand the strength of your commitment to your children. However, you should know that if you and your spouse are unable to agree about child custody, the Judge will make a decision for you based on the information that has been presented by both sides to the Court. If this happens, you may end up with a decision you don't want but will have to live with for an indefinite period of time.

Don't let this happen to you. Let the attorneys at the law firm of John N. Fath, P.C. help you negotiate the child custody issue with your spouse. We will listen to your concerns and fight aggressively to protect your parental rights, while at the same time giving you our honest, experienced appraisal of what you could reasonably expect the Court to grant should you not be able to come to terms with your spouse. We are especially proud of our ability to persuade our clients to put their emotions aside and focus on what is important - the best interests of the children.

Let us help you resolve your child custody issues today. Call or email the attorneys at the law firm of John N. Fath, P.C. to discuss how we can help you.
Child Support
The most important thing for divorcing parents to remember about child support is that it is intended to provide for the support, maintenance and education of their children.
It is not a reward that is paid to the custodial parent, nor is it a form of punishment for the non-custodial parent.

In Nassau County and Suffolk County, as in most of New York State, child support is determined by a state-mandated formula that assigns a certain percentage of income to be paid on a scale that increases as the number of children increase. Currently these percentages are[1]:

- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- At least 35% for five or more children

However, there are a number of factors that determine what is counted as income as well as how the child support will be apportioned between the custodial parent and the non-custodial parent. This is not a simple matter and, once your divorce becomes final, you will have to live with the child support you have been granted or ordered to pay unless and until you are able to modify it (see Post-divorce Modification and Enforcement). Whether you are the custodial parent or the non-custodial parent, or if you and your spouse are fighting over custody, you will want to be sure any support payments are as fair to you and your children as the law will allow.

The attorneys at the law firm of John N. Fath, P.C. have over twenty-five years of experience advising clients in Nassau County and Suffolk County on all aspects of divorce, including child support issues. We will stand by you during this stressful time and help you work through these difficult negotiations. We will listen to your concerns compassionately and calmly and give you honest advice about what you can expect from the Courts and the Judges. We will help you put your emotions aside and focus on what is most important - the health and security of your children.
Divorce
Going through a divorce is a highly stressful experience that can, if not handled correctly, disrupt your life and affect your relationships with your loved ones.
No matter how amicable the situation is when a couple decides to part ways, as the divorce process moves along it almost always becomes contentious, particularly when it comes to deciding on division of the property and custody of the children. All too often divorcing couples get into a war of wills where the main focus is on hurting or punishing the other partner, no matter how long it takes or what it costs.

The attorneys at the law firm of John N. Fath, P.A. have over twenty-five years of experience helping people in Nassau County and Suffolk County negotiate the complex and emotionally draining process of divorce. We understand what you are going through, and we work hard to get you to set aside the emotions and focus on what is important. Our goal is to resolve issues and work towards a settlement that is satisfactory to both parties. However, when negotiation fails, we are ready and able to take your case to court and aggressively fight for your rights to your property and your children.

We have extensive experience with people from all walks of life. If there is one thing we have learned over the years, it is that no two divorces are alike, no matter how similar they may appear on the surface. Every couple and every family has different circumstances, different interpersonal dynamics, different goals and different needs. The attorneys at the law firm of John N. Fath, P.C. will go the extra mile to make sure that we fully understand your particular situation, and we will do everything in our power to get you where you want to be when the divorce is over. At the same time, we will be candid with you about what you can realistically expect.

Because of our years of experience in the divorce courts of Nassau County and Suffolk County, we know what a particular judge will and will not tolerate. In addition, our knowledge of the local divorce attorneys makes it possible for us to predict what tactics they will use and to proactively develop strategies that will ensure that you receive proper and equitable treatment during the divorce process.

We realize that this is a particularly trying time for you and that you will need understanding and support to get you through. An attorney from the law firm of John N. Fath, P.C. will be by your side every step of the way, responding to your questions and concerns promptly and compassionately. We make ourselves available to our clients around the clock for emergencies and also are available for evening and weekend appointments.
Estate Planning
Wills - Trusts - Estates - Estate Planning - Powers of Attorney - Probate of Wills -
Administration of Intestate Estates - Estate Litigation - Living Wills - Health Care Proxies
Many people mistakenly believe that estate planning is only for the wealthy. In fact, if there is real estate, bank or retirement accounts, or automobiles that will need to be transferred to your heirs on your death, the State of New York imposes its own estate plan on you by requiring that an "administrative" proceeding (that is, one not governed by a Will) be filed in the local Surrogate's Court. The difference between an administrative proceeding and a probate proceeding governed by a Will is that, in an administrative proceeding, the Court will appoint someone to administer your estate according to the law, not according to your wishes. Furthermore, if you have young children and both you and your spouse are deceased, the Court will appoint a guardian to care for your children and manage their assets. These important decisions will be made for you, perhaps by a stranger who knows nothing of your family's particular needs and issues. Don't allow this to happen to you and your family!

At the law firm of John N. Fath, P.C., our attorneys and staff have over twenty-five years of experience with estate planning. We take the time to get to know you and to understand your particular situation so that we can properly advise you on how to protect your assets. Regardless of your circumstances, you can benefit from cost-effective legal advice that will ensure that your worldly goods will be passed on to your heirs with as little intervention from the legal system as possible.

You can save a lot of anguish, heartache and potential hard feelings between your loved ones by planning now for how you want your assets managed when you are no longer able to manage them yourself, for how you want your property to be divided when you are deceased, and for how you want your children cared for in case both parents die.

The attorneys at the law firm of John N. Fath, P.C. will help you create a solid estate plan that will provide for your loved ones and protect the assets you have worked so hard to accumulate. For people with young children, we will help you draw up a Will where you can name a guardian who will raise your children and manage your assets on their behalf should both parents die. And everyone, especially those approaching retirement age and the elderly, should have a Living Will and a Health Care Proxy prepared and legally executed so that your loved ones will know what to do in case of catastrophic illness or accident.
Probate
It is always difficult to plan for your own passing. It is even more difficult to sort out the issues and solve problems when a family member or close friend passes.
This is not a time when you want to be overwhelmed by all of the technicalities involved with handling the estate of the deceased, especially when you have been named the executor or administrator. The attorneys at the law firm of John N. Fath, P.C. can help you get through this difficult time quickly and efficiently, allowing you to get back to spending time with your friends and family.

The legal terms and proceedings associated with estates can be confusing. Estate administration involves the process of probating a Will as well as non-probated transfers of a deceased's assets. Probate is the court proceeding through which a Will is proved to be valid and the estate of a deceased is administered. When the deceased has no Will, his or her estate is administered through an administrative proceeding that distributes the estate according to New York State law. In Nassau County and Suffolk County, the court that handles these matters is called the Surrogate's Court.

Probate law dictates precisely how an estate is to be managed when someone dies. These laws make sure that creditors are paid and that assets are properly distributed to the heirs. While this may sound simple, probate law and the handling of estates is in fact a complex system. People who try to manage the probate process without the help of an attorney frequently find it to be much more difficult than they thought. The legal terminology and the strict time limits for taking certain actions can lead to confusion and errors that tie matters up longer than is necessary.

If you are currently involved in a probate or estate related matter, or if you think you may be in the near future, you will benefit from consulting an attorney who knows the ins and outs of New York probate law as well as the particular workings of the Nassau County and Suffolk County Surrogate's Courts.

John N. Fath

David M. Johnson

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