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Child Support

A virtual Christmas with the kids

holiday lamp and hat

What’s worse than not having the kids for Christmas? Not having them AND being out of the state or even the country over the holidays. Thanks to an increasingly mobile workforce, this scenario will be a reality for many divorced parents this season. It’s not a happy prospect, but remember one thing: the technological advances…

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Planning for your child’s college during divorce

college students

All good parents want what is best for their children. This is a fact that rarely changes, even in emotionally difficult situations like divorce. This is why they often discuss college and vocational school costs years and factor them into the divorce agreement before their children have even started preschool. According to the State University…

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Child support for special needs adults

child support sheltered concept

If you’re filing for divorce and have a child with special needs, then it’s normal to be concerned about their future. Not only do they have unique medical and financial requirements, but they may also need to be supported after they become an adult. In New York, parents are typically required to support their children…

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Enforcing a child support order after divorce

scales of justice with family

Few things are more distressing for a parent than struggling to support their child financially. Unfortunately, this is a reality for many divorced parents throughout New York State. A child support order was included in the terms of the divorce, but their former spouse is chronically late or even refuses to pay at all, saying…

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August- the month for divorce

august month

We’re in the home stretch where August is concerned. For kids, this is a bittersweet month for two reasons: one actual and one potential. In the first case, they only have a few weeks of freedom left before heading back to school. In the second, they may also be coping with their parents filing for…

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Facilitating child custody exchanges

hands

Your New York divorce is over and matters of child custody and parenting time are in place. Now you and your former spouse must prepare to function as co-parents. This includes arranging custody exchanges that work for both of you as well as your children. Custody exchanges can go smoothly, or they can be emotional…

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When should children testify in family law proceedings?

gavel and figurines

When custody disputes occur, New York judges attempt to resolve the matter without putting the child in the position of having to choose between their parents. In some cases, however, input from the child may be necessary to give the court the information it needs to make the best decision, so a “Lincoln hearing” will…

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Who owes MasterCard? Debts in a New York divorce

credit card

When you and your spouse decide to divorce, you expect that all marital assets will be divided according to New York’s equitable distribution system. But what about the MasterCard bill you ran up together? The line of credit you took out a few years ago that is now at its limit? The student loan you…

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How to earn extra money as a divorced stay-at-home parent

woman on computer with baby

If you’re like many people, then you had to make a lot of financial changes after divorce. If you didn’t know how to budget before, then you learned quite quickly. Things are especially complicated if you’re a stay-at-home parent. Although you are definitely working full-time, being a parent doesn’t come with the paycheck it deserves.…

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Virtual visitation in child custody cases

video chat with child

Thanks to global trade expansion and an increasingly mobile workforce, more divorced parents are relocating to new cities, states, and even countries. According to the National Center for State Courts, nearly 35 million children in the U.S. have divorced or unmarried parents and approximately 25% of them have a parent that lives in a different…

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What is the difference between legal separation and divorce?

cut separation concept

Ending a marriage is not a decision that anyone should take lightly. When you file for divorce, the financial and emotional effect on the rest of your life is immediate and far-reaching. Because it is so important to be sure that the marriage is irretrievably broken before initiating divorce, New York law supports an alternative…

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Assembling your divorce “dream team”

professionals team

Divorce is a confusing and stressful time for anyone. There are so many areas that need to be addressed: legal, financial, and of course emotional. To make matters worse, everyone is giving you advice, a lot of it conflicting. How will you handle it all? The answer is: you don’t. At least not by yourself.…

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How to make your kids feel more secure during divorce

mother hugs son

When their parents divorce, children often wonder what went wrong and whether or not they might be to blame. These anxious and confused feelings are heightened when one parent moves out, splitting the household and causing them to see that parent less often. Although there is no way to ease the pain of divorce completely,…

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Child support arrears

Parents are obligated to support their children even if their relationship comes to an end. When this happens, the typical arrangement is that the non-custodial parent pays child support to the parent who retains primary custody, with the amount calculated to cover the children’s needs and help them enjoy a lifestyle similar to the one…

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Four tips for summer parenting time

mother and child

As the last day of school before summer break approaches, we feel a more pressing need to confirm vacation plans for the summer. For divorced parents who have agreed to establish their own vacation schedule, this can be as difficult as it is exciting. We would love to take the kids to Disney World in…

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Bankruptcy and child support

money bill

Imagine this scenario. Your ex has been ordered to pay you child support after your New York divorce, and she does—approximately half the time. As the months pass, many payments are missed and the amount of back child support due to you increases. Then you find out that she has just filed for bankruptcy to…

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Who will provide health insurance for my children after divorce?

divorce and health insurance

When you and your spouse divorce, most situations that you maintained as a family unit will have to be restructured. These include living arrangements, finances, and even health insurance, the latter of which is a special concern if you have children. Technically speaking, medical insurance counts as a form of child support. Making it available…

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Financially preparing for divorce: What you can do

finance calculator

Divorce does not only change your marital status. It also creates significant changes in your financial situation. That is why it is important, even at such an emotional and stressful time, to prepare for a separate financial existence the moment you and your spouse accept that the marriage is over. The five steps below will…

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How to appear in Bronx Family Court telephonically

family court appearance

Sometimes circumstances leave you unable to attend your upcoming appearance date in Bronx Family Court. Perhaps you now live in a different state or even country, or an emergency has come up, forcing you to be out of New York when court is in session. Provided your absence is for a valid reason, you may…

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How to minimize stress for kids during divorce

stress of divorce

Once the decision is made to end your marriage, you’ll likely feel a powerful surge of emotions: grief, anger, sadness, maybe even relief. Chances are that your children are feeling just as strongly about the way their lives are about to change. How a child will react to the news of parental separation will vary,…

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Benefits of hiring a family law attorney

Many individuals who are about to become involved in a New York family law matter, such as divorce, child custody, and support, or spousal maintenance, wonder whether they should hire a family law attorney to represent them or save some money and handle their own case. While there is no law that requires you to…

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What cases does a Bronx family court lawyer handle?

divorce concept, broken heart

Family law deals with domestic relations, so Bronx family court lawyers represent clients in divorce proceedings and associated matters such as spousal maintenance, child custody and support, and division of marital property. Many lawyers also assist victims of domestic violence in civil protection court order proceedings. Child custody There are two types of custody arrangement…

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Litigated divorce in New York

courtroom for divorce

A litigated divorce is one where both parties can’t come to an agreement and resort to the courts to settle their differences. This type of divorce usually happens when one party refuses to settle on key issues, deliberately hides information such as financial records, or refuses to disclose details about all property they owned prior…

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Social media in New York divorce actions

Most people today are using some form of social media. It can be a great way to keep friends and family up to date about what you’re doing, especially if you don’t see them often. Unwise use of social media, however, it can get you in a lot of trouble, especially during a divorce action.…

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Same sex divorces in New York

divorcing

Same-sex marriage has been legal in New York State since the passing of the Marriage Equality Act in 2011 and, as with all unions, divorce is always an unfortunate possibility. The requirements for same-sex divorce are the same as those that apply to heterosexual couples: you must satisfy the residency requirements set forth in New…

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Supreme and family court appeals in New York

Appealing a decision or order from the New York Supreme or Family Court is a complicated process. To begin with, you should have sufficient grounds for appealing: being dissatisfied with the outcome of your case is not enough. The following circumstances must also apply: You or your attorney must have objected to the issue during…

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Paying for a child’s education after divorce

New York courts today generally take the view that children must be given every reasonable opportunity to succeed in life. That includes a college education. When evaluating a parent’s post-divorce responsibility for their child’s education costs, the court reviews factors like the following: The ability of the parent to pay The educational background of the…

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Divorce and child support in New York

Under New York law, children are entitled to benefit from the income and standard of living that their parents enjoy. When those parents divorce, the noncustodial parent pays child support to the custodial parent so that any children under 21 are not left financially bereft by the separation. Child support in New York State is…

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What is a temporary support order in my New York divorce?

child support letters and money gavel

Since a divorce in New York can take some time to be completed, one spouse may consider filing for a temporary support order before a permanent one is established on behalf of him or her by the court. For example, if one spouse has an income and a job and the other does not, the…

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Tips for men getting a divorce

Going through the process of a divorce is not easy for anyone but knowing what you need to do to prepare while some of the most common issues impacting them in a divorce can help you feel more prepared. Read on to learn some key tips regarding what to do if you are a man…

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The value of healthy parent-child relationships after divorce

child custody concept

Although divorce can wreck emotional havoc on everyone involved, it is important to try to stabilize healthy parent-child relationships once the divorce has concluded. In many cases, there are so many emotions happening between the divorcing partners that the feelings of their shared children can easily be swept under the rug after the divorce is…

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Supporting your kids during a divorce

divorce support

As a parent, a divorce can impact your life deeply. Trying to figure out the best way to tell the children about the plans is just the beginning, because then you need to enter the stage of changing their life in a big way. As you might expect, not all children are going to react…

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An easier path ahead for Catholics wanting to end their marriage

Catholic marriage

Pope Francis announced last week that the church aims to make it simpler and faster for Catholics who want to get a marriage annulment. This painful process has been known to take years and frustrate both spouses, which is why the church has taken some action to address growing concerns. Many people who have wanted…

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Same-sex divorce remains yet to be clearly defined

laws

With all the recent news about same-sex marriage, there is a lot of legal precedents that remains to be set with regard to same-sex divorce. Although the phenomenon of parting ways from a same-sex marriage is not necessarily new, it has not been handled in America’s courts in the high numbers that heterosexual marriages have.…

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Ways judges can enforce child support orders

judge orders

When a person violates a child support order in New York, judges are empowered to make use of any of the means authorized by Family Court Act section 454(2) to collect what is due and owing from the nonpaying parent. The options available to judges to deal with parents who refuse to meet their support…

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In the matter of: Unpaid Child Support

child support and income

Unpaid child support is a serious problem in the United States. As reported by CNN in 2012, parents who failed to live up to their financial responsibilities to their children owed $108 billion in unpaid child support. Of the total amount, $53 billion is owed to states such as New York that paid public assistance…

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New York Domestic Relations Law and Incest

New York’s law on domestic relations is codified in the Domestic Relations Law which consists of 16 Articles which are further divided into 272 Sections. Substantive Sections include Sections 5 through 61 (marriages and rights of spouses); Sections 71 through 78-A (child custody); Sections 80 through 85 (guardianship); Sections 109 through 117 (adoption); Sections 121…

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New York State Domestic Relations Law summarized

Bronx Lawyer

The Domestic Relations Law is part of New York’s legal code. This part is often abbreviated, DRL. The DRL is composed of sixteen articles. These articles form the backbone of New York’s laws on marriage, divorce and family law. A summary of each article of the DRL follows. Article 1 The article gives the short…

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New York State’s Model for Child Support

child support

Divorce and family law are guided by state laws as opposed to federal laws. While it may seem that a divorce is a divorce, it is not quite that simple. For example, child support calculations vary by state. It is not percentage of one’s income that must be paid as child support that varies, but…

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In divorce case, child support amount was a big question

child support calculating

A divorce and family court case in which the wife was the plaintiff and the husband was the defendant went to trial in Queens County, New York over several issues, according to an April 17, 2014 New York Law Journal article. The interesting part of the decision in this trial was about the amount of…

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I have been served divorce papers. Now what?

serve divorce papers

Being served with divorce papers can often be confusing, and often embarrassing.  The following months and in some cases years, can be long and emotionally difficult. Firstly, there are different types of service that may be made in a case. In the case of a divorce, personal service must be made, what this means is…

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Child support payments owed might be paid from lottery winnings

child support money from winnings

Child support is a specified amount that the court sets for the noncustodial parent to pay to the custodial parent. The payments can take the form of biweekly, weekly payments or monthly payments. Child support does not go away just because one merely decides that he or she no longer wants to pay it. Rather,…

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Man serves jail time for a child support error

jail for child support

Some people fail to understand that not paying child support is a very serious matter. If people fail to pay child support, then it accumulates and they can end up serving serious jail time, depending on the state and its requirements. However, an issue that arises is whether they will serve jail time, if the…

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Increase in case load leads to creation of new website

child support

New York City Family Courts have experienced a rise in the number of family law cases that it handles yearly.  As a result, the New York City Family Courts want to make some information readily accessible to the general public so that the public can become educated on certain matters as well as stay informed…

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One cannot hide from child support payments

Bronx child support lawyer

The goal of continued child support payment is to ensure that parents are able to take  care of their children and to make sure that they are able provide financial support for them. Society believes that it is not fair that one parent should be completely responsible for providing the necessities and financial support while…

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Millionaire dad would not have to pay child support

child support problem

Many couples get separated after having a baby, and with the separation comes the child support obligation. One of the parents, either the mother or the father, has to pay support for the child, most likely the father will; and most definitely if the father is a millionaire. According to a case reported on April…

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Child support that owed is will be paid sooner or later

child support attorney new york

Child support payments are awarded by the court. The parent who is not living with the children is usually the one who is ordered to pay child support payments to the parent whom the child is living with. Child support payments usually occur until the child turns eighteen however the age can vary due to…

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Divorce changes one’s life style

family court attorney

In some cases, a divorce might be inevitable due to the deterioration of a couples’ relationship.  Therefore, while obtaining a divorce might seem like the best option or a joyous event, there may be negative consequences or results that are associated with the divorce. For instance one might have to change his or her lifestyle,…

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“Attorney for the Child” in child custody cases

New York Child Custody Lawyer

Under New York law, in the majority of child custody and visitation cases, the court will assign an “Attorney for the Child.” An attorney for the child is an attorney assigned and paid for by the courts to represent the child’s interest.  These attorneys are normally attorneys who have prior child custody and visitation experience.…

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Evidence from dating sites become common in divorce cases

Dating Marriage Internet

According to a new American Academy of Matrimonial Lawyers (AAML) report, more lawyers are obtaining information about the opposing party from online dating sites. The report states that 59% of the country’s top divorce attorneys reported their increased use of collecting relevant evidence from sites like Match.com. This type of evidence has started to become…

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Wife ask for more than what husbands makes, court denies the claim

A Westchester Supreme Court Judge ruled that a plaintiff, a husband’s maintenance payments and payments for attorney and court fees were unreasonable, according to a New York Law Journal article. The requests The wife was requesting an order of child support for $1,874 as well as an additional 71% towards statuary add-ons. She was also…

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Court Orders Parents to Pay Son’s Private College Tuition

A New York Supreme Court judge held that the divorced parents of a college-age son must split the cost of the son’s expensive private college tuition, as reported in an October 13, 2012 New York Law Journal Article. In the vast majority of divorce cases, the “SUNY cap” is implemented in determining what each ex-spouse…

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Family court’s semi-centennial

In New York State, there is a family court located in each of its five boroughs, in addition to the numerous family courts that are located upstate. Today New York City’s family court, which handles disputes that include but not are not limited to divorce, child abuse, child support, paternity, adoptions, and order of protections…

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‘Extreme hardship’ provision used in support case

A judge allowed a Rochester man to stop paying spousal maintenance because doing so would place him under “extreme hardship.” According to an August 27, 2012 New York Law Journal article, there is a law open to much interpretation that allows for adjustment in support payments if there would be an “extreme hardship” on the…

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Court Rules on what is meant by a couple’s “means”

Years after their divorce, a couple is back in court to figure out what is meant by the term “respective means”, used during their divorce, reports the July 13, 2012 edition of The New York Law Journal. Rochester County judge, Justice Dollinger was surprised at the lack of legal interpretation of the phrase “respective means.”…

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Can a family have more than 2 parents? California to vote

A bill that challenges the traditional definition of a family passed in the California state Senate and is now in the state Assembly. This bill would allow a child to have more than two parents according to a July 10, 2012 Fox News online article. According to a statement by the bill’s sponsor, it is…

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Law professor advocates for “preglimony”

Shari Motro, a law professor at the University of Richmond, advocates for alimony, or spousal maintenance, during pregnancy as expressed in her July 6, 2012 New York Times opinions article. She argues that since both a man and a woman take place in contraception, the economic consequences of the contraception should be shared between the…

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New York court rules against additional funds for ex-wife out of work

A New York court ruled against granting additional financial support for an ex-wife who was not working. The New York Law Journal reported in a September 19th, 2011 article that an ex-wife petitioned the court to have her ex-husband support her financially because she was not working and during the marriage he was the primary…

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New York juvenile court system may get a makeover

The New York court system as always taken a harsh approach on disciplining juveniles who have found themselves in the legal system, but the chief judge may soon be softening the system, as reported in a September 20th, 2011 New York Times article. In New York juveniles especially those who are closer to the age…

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