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News about Divorce Law in New York State
Articles on New York Divorce Law
Online Calculator to Estimate your Spousal or Child Support
March 27, 2017
Click the button below to see how your child support and spousal support will be calculated for purposes of a divorce in New York .
Note that your case has to be settled first before you can use this calculator.
What Happens to the Marital Co-Op or Condo in a Divorce Action?
March 26, 2017
If you have children you can ask the court for what is called post judgment exclusive occupancy of the marital residence. Or, after a divorce a Court can award one or the other parties the marital apartment, they can require on spouse to buy out the other spouse’s interests in the apartment or they can order a sale. Refinancing may become an issue such that the person who wants to keep the apartment must be able to have credit sufficient to refinance it and buy the other spouse out of the apartment.
Another issue is that the cooperative board will look to see if they think the single parent can afford to continue to reside in the apartment. This becomes tricky and should be looked into in any case where equitable distribution of the marital residence is at issue. The Board could also make the single party sell the property if it is deemed that they cannot afford it and withdraw their prior approval. So before taking the apartment in a divorce settlement check with the coop board to learn more about their rules as to occupancy. If a limited equity apartment is at stake and you are both shareholders you should strongly consider hiring an attorney acquainted with limited equity coops. In some coops, a term of absence from the apartment might cause the coop board to demand that you sell the shares back to them.
Not legal advice-for information purposes only
Do NOT be Late for Court
March 24, 2017
Although tardiness is most times excusable, a recent case by the New York Appellate Division shows what can happen on a lower court level if a litigant is perpetually late. In the case of Matter of Thomas T. v. Luba R., 2017 N.Y. Slip Op. 01870, 2nd Dept 3-15-17 the lower Court issued an Order of Protection against the litigant who was only minimally late. Although the higher court reversed the finding, it was only after a lot of litigation in the higher court.
So, what can we learn from this case? We learn that if a litigant regularly and willfully appears late in court, or fails to appear, a court can rule against them.
Avoid being late. Give yourself an extra hour to be on time in court. It will save you hours of anxiety and anguish and the Court will appreciate your professionalism and the respect shown to the court.
February 3, 2017
Many people try to file an uncontested divorce when it is inappropriate to do so. Just because both parties want to divorce in New York and agree to divorce does not necessarily mean you should file uncontested. Moreover, a clerk of the court might not accept your papers.
Uncontested divorces, where there are children involved, or if one spouse requires spousal support, even with a stipulation of settlement or Agreement these divorces are stickier to get filed. In New York, there are multiple forms you need to fill out and complicated calculations that must be made on worksheets before a Judge will sign off on your divorce judgment.
Here are some of things you should consider before you should sign off on an uncontested divorce.
I Live in New York. Will I Go to Jail If I Willfully Refuse to Pay Child Support?
November 20, 2016
If there is a court order and you fail to pay you can be incarcerated for up to six months or until you purge the arrears you owe.
If your former spouse tells the Court that you owe unpaid child support, the other parent can ask for a hearing before a judge and ask that you be held in contempt of court. When you go to court, have you and your lawyer be prepared to explain why you cannot make your child support payments.
Your first step in Court is to show good reasons as to why you didn’t pay. If you’ve been out of work, get a sworn statement from your most recent employer stating why you were fired. If you went job hunting for a new job, bring statements from the people you interviewed with. The Court likes to see you tried to get a new job.
DRL 255: As to All Judgements of Divorce
September 25, 2016
DRL 255: Prerequisites for judgments under articles nine, ten and eleven of this chapter; health care coverage.
A court, BEFORE Signing a judgment of divorce or separation, or a judgment annulling a marriage or declaring the nullity of a void marriage, shall ensure that:
1. Both parties were notified, that once the judgment is signed, theymay or may not be eligible to be covered under the other party's health insurance plan. However if a party defaults then notice given in the summons is deemed sufficient.
2. If the parties signed a stipulation of settlement/agreement on or after the effective date of this section resolving all of the issues between the parties, such settlement/agreement must have in it a provision relating to the health care coverage of each party; and that such provision shall either: (a) provide for the future coverage of each party, or (b) state that each party is aware that he or she will no longer be covered by the other party's health insurance plan and that each party shall be responsible for his or her own health insurance coverage, and may be entitled to purchase health insurance on his or her own through a COBRA option, if available. This may not be waived.