soldiers

In New York state, noncustodial parents are required to support their child financially until they turn 21 or become emancipated. In the latter circumstance, the child is treated legally as an adult instead of a minor, which means that: They can make decisions and act on them without parental consent They can sign contracts and…

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piggy bank

Rising costs of living and years spent pursuing post-secondary education have resulted in many children living with their parents well past the age of 18. When families are intact, they can work together to reach a financial understanding, but when the parents are divorced, it raises questions about child support. In New York State, you…

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woman and children back to school concept

Back-to-school season is stressful for parents as well as kids, but when you’re recently divorced, the challenges can be amplified. How will you split the cost of school supplies? Who will go shopping for them? Will both of you accompany the kids to the bus stop or drive them to school? The back-to-school transition is…

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figures in house and hands

If you’re in the process of divorce, then there are multiple demands for your attention. You’re talking to your spouse about child custody and support, sorting through marital assets, and separating your finances. There’s a lot to manage, but don’t let insurance fall under your radar. One area many divorcing couples overlook is life insurance.…

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woman with taxes tablet calculator

If you were separated or divorced in 2018, then there will be certain tax implications, the most basic of which is your filing status. If you are separated but have not received a final divorce or legal separation decree, then you are considered married for the entire year for tax purposes and must file as:…

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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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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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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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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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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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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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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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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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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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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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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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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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