With over 30 years of legal experience, The Law Offices of Norka M. Schell, LLC provides a rare dual-lens perspective to the New York legal landscape. Led by Attorney Norka M. Schell—a naturalized U.S. citizen from Brazil and a dually licensed practitioner—our firm bridges the gap between complex international legal frameworks and the specific procedural requirements of the New York State and Federal courts.

Whether you are navigating the U.S. immigration system, resolving a high-stakes divorce in Queens, White Plains, or managing a cross-border dispute involving Brazilian law, we provide a Direct and Authoritative path forward.

New York City Family Law: Strategy in High-Stakes Litigation

Navigating family law in New York requires a steady hand, especially when marital estates involve cross-border assets or international jurisdictional conflicts. We treat divorce and child custody not merely as legal hurdles, but as personal crises that require immediate, strategic stabilization.

Divorce and Asset Protection

In the high-stakes environment of New York matrimonial parts, we prioritize protecting your financial legacy. We focus on:

• Equitable Distribution: Under New York law, “equitable” does not mean a 50/50 split. We advocate for a fair distribution of marital property, specifically targeting complex assets like professional practices, stock options, and international real estate.
• Spousal Maintenance (Alimony): We provide authoritative guidance based on the current 2024–2026 income caps.
  • Note: As of March 1, 2024, the income cap for the maintenance payor is $228,000.

Child Custody and The Best Interests Standard

We represent both men and women with a focus on fairness and the “Best Interests of the Child.” Our team manages the legal complexities of the Queens County and Westchester County Supreme Courts, ensuring your parental rights are presented in the most compelling light.

Immigration & International Law: A Dual-Lens Perspective

International legal issues require a lawyer who understands that borders create complexity, not barriers. We assist families, entrepreneurs, and global businesses in navigating the U.S. immigration system while proactively protecting their interests abroad.

Business and Investment Visas

Our extensive experience allows us to represent clients in high-stakes visa categories, including:

• L-1, E-2, and EB-5 Investment Visas: We provide the technical precision required to secure residency through business investment.
• Consular Processing & Naturalization: We guide clients through the intricate requirements of the U.S. Department of State and USCIS.

International Family Disputes & The Hague Convention

Because of our combined expertise in immigration and family law, we offer rare experience in cross-border family disputes. This includes:

• International Child Abduction: Handling complex cases governed by the Hague Convention.
• International Divorce & Separation: Resolving jurisdictional conflicts between the U.S. and foreign legal systems, specifically Brazil.

Dually Licensed Representation: New York and Brazil

We are uniquely positioned to serve a diverse clientele throughout the U.S. and Brazil. Our firm maintains a robust litigation presence in both U.S. Federal Courts and New York State Courts, while also navigating the regulatory landscapes of:

• U.S. Department of Justice (DOJ)
• U.S. Department of State
• Brazilian Judicial Bodies

Our bilingual team (English, Portuguese, and Spanish) ensures that no detail is lost in translation. Falamos Português.

Frequently Asked Questions

Q: What are the current income caps for New York child support in 2026? A: New York Child Support and Maintenance: 2024-2026 Statutory Caps

In New York matrimonial and family court actions, financial obligations are not arbitrary. The court utilizes specific legislative formulas to determine the “presumptively correct” amount for both child support and spousal maintenance. For high-income earners, these calculations are governed by statutory income caps, which are adjusted every two years based on the Consumer Price Index (CPI).

Effective March 1, 2024, through February 2026, the revised income caps are:

• Child Support Combined Income Cap: $183,000 (Increased from $163,000)
• Spousal Maintenance Income Cap: $228,000 (Increased from $203,000)

Child Support Standards Act (CSSA)

Child support in New York is strictly governed by the Child Support Standards Act [DRL § 240; FCA § 413]. The court calculates the basic support obligation by applying a fixed percentage to the parents’ combined parental income up to the $183,000 cap:

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

Income Above the $183,000 Cap

When the combined parental income exceeds the statutory cap, the court has broad discretion regarding the excess amount. A judge may choose to apply the standard percentages to the surplus income or consider “Paragraph (f)” factors—such as the child’s specific needs or the standard of living the child would have enjoyed had the marriage continued—to determine if additional support is warranted.

Spousal Maintenance (Alimony)

For spousal support and maintenance, the court applies the formulas set forth in DRL § 236-B and FCA § 412. Unlike child support, the $228,000 cap for maintenance applies specifically to the payor spouse’s income (the higher earner), rather than a combined total.

Discretionary Awards for High Earners

If the payor spouse’s annual income exceeds $228,000, the amount of maintenance awarded on the excess income is subject to the judge’s discretion. To reach a fair determination, the court analyzes a series of statutory factors, including:

• The age and health of both parties.
• Present and future earning capacities.
• The economic standard of living enjoyed by the parties prior to the commencement of the divorce action.
• The wasteful dissipation of marital property.
• Tax consequences and the duration of the marriage.w

Strategic Advocacy for High-Net-Worth Cases

Navigating these caps requires an authoritative understanding of what constitutes “income” and which factors will successfully persuade a judge to deviate from or stay within the guidelines.

If you are dealing with high-stakes child support or maintenance issues in New York, contact The Law Offices of Norka M. Schell, LLC at 212-258-0713 to ensure your financial rights are protected.

Q: How Does a Dually Licensed Lawyer Manage Foreign Assets in an International Divorce? A: In a New York divorce involving international assets, the complexity doubles as you navigate the intersection of New York’s Equitable Distribution Law and Brazilian Civil Law. A dually licensed attorney is uniquely equipped to manage these cross-border challenges, ensuring that your interests are protected in both jurisdictions without the need for multiple independent legal teams.

1. Direct Interpretation of Brazilian Property Regimes Unlike New York, which focuses on “fair” distribution, Brazil operates under strict matrimonial property regimes (such as Comunhão Parcial de Bens or Separação de Bens). A dually licensed lawyer can:

• Determine how your specific Brazilian marriage contract impacts the characterization of assets (separate vs. marital) in a New York court.
• Advise on whether a New York “fair” split will be recognized and enforceable under Brazilian law (ratification by the STJ).

2. Valuation and Discovery of Offshore Interests Finding and valuing assets in Brazil—such as real estate in São Paulo, business interests in Rio de Janeiro, or Brazilian pension funds—requires local expertise. Your lawyer can:

• Conduct discovery directly in Portuguese, accessing Brazilian public registries and bank records without the delays and costs of third-party translators or foreign counsel.
• Assess “fair value” according to Brazilian market standards, ensuring that high-value assets are not undervalued during the New York distribution process.

3. Navigating Jurisdictional Overlap Brazilian courts claim exclusive jurisdiction over the division of real estate located physically in Brazil (Article 23, III of the Brazilian Civil Procedure Code).

A dually licensed attorney knows how to structure a New York settlement that “offsets” Brazilian assets with U.S.-based assets (like cash or equity) to avoid the jurisdictional roadblocks that often prevent foreign court orders from being enforced in Brazil.

Q: How does the Hague Convention apply to international custody? A: The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a critical international treaty that provides a legal mechanism for the prompt return of children who have been wrongfully removed from their “habitual residence” to another country.

In the context of a New York divorce or custody dispute, this treaty ensures that custody is decided by the courts in the child’s home country, rather than allowing a parent to “forum shop” for a more favorable ruling by moving the child across borders.

1. Key Concept: “Habitual Residence”

The most important factor in a Hague Convention case is determining where the child was a “habitual resident” immediately before the removal. While the treaty doesn’t strictly define this, New York and Federal courts look at the totality of the circumstances, including:

• The length of time the child lived in a specific country.
• Their connections to the community (school enrollment, medical providers, friendships).
• The shared intent of the parents regarding the child’s residence.

2. What Constitutes “Wrongful Removal”?

For the Hague Convention to apply, the left-behind parent must prove the removal was “wrongful” by showing:

• Violation of Custody Rights: The removal breached the parent’s rights under the laws of the child’s habitual residence.
• Exercise of Rights: The left-behind parent was actually exercising their custody rights (or would have been) at the time of the removal.
• Signatory Status: Both countries involved must be signatories to the 1980 Hague Convention.

3. The Procedural Path in New York

Under the International Child Abduction Remedies Act (ICARA), New York state and federal courts have “concurrent jurisdiction.” This means a parent can file a Hague petition in either court.

• Expedited Timeline: Unlike standard custody cases, Hague proceedings are intended to be rapid, with a goal of completion within six weeks.
• Limited Inquiry: The court’s role is not to decide who should have custody. It is strictly to determine whether the child should be returned to their home country for a custody hearing.

4. Affirmative Defenses (Exceptions to Return)

A court may refuse to order the return of a child if the taking parent can prove one of several narrow defenses by “clear and convincing evidence”:

• Grave Risk of Harm: Returning the child would expose them to physical or psychological harm or an “intolerable situation.”
• Mature Child Objection: The child is of sufficient age and maturity and objects to being returned.
• Consent or Acquiescence: The left-behind parent previously agreed to the relocation.
• Settled in New Environment: If more than one year has passed and the child is well-integrated into their new community.

5. The Importance of Dually Licensed Counsel

Because Hague Convention cases hinge on the laws of the child’s home country, having a lawyer like Norka M. Schell, who is dually licensed (e.g., in New York and Brazil), provides a distinct advantage. Our firm can:

Navigate the International Parental Kidnapping Crime Act, which can make international removal a federal felony in the U.S.

Directly testify to the foreign country’s laws (Article 14 allows courts to take judicial notice of foreign law).

Coordinate with central authorities in both nations without the need for expensive third-party experts or translators.

Take the First Step Toward Stability

When you partner with our firm, you gain the advantage of 30 years of experience and a dually licensed legal team equipped to handle your most intricate domestic and international matters.

Contact The Law Offices of Norka M. Schell, LLC today to schedule your confidential consultation at 212-258-0713 or reach us online.