Settle if Possible!
I read an interesting article about how divorces are handled in Israel. It was initially written by John R Ellison and was published in the Harvard Business review on January to February 1990. The article had to do with our adversarial system in NY Divorce and in other states in America. In the adversary system […]
Update on Child Support Information in NY State — 2021
A child must be supported by their parents until the child turns 21. If the child lives with one parent over the other, the parent who resides with the child is considered the custodial parent. Child support is a right that belongs to the custodial parent and it does not matter if the custodial parent […]
Is there bias against people of color in Family Court?
A recent report promulgated by the New York Supreme Court Chief Justice Janet Fiore stated that based on a recent task force inquiry there has been a racial injustice bias in the court system which has produced a “second class system for people of color”. The Chief Justice asked Jeh Johnson to inquire into our system of […]
What is the Recent Law on Child Support in New York?
Recent 2021 Child Support Decisions Highlight Numerous Commonly-Faced Issues No matter what the issues are in your New York child support matter, having competent, knowledgeable legal representation will help you navigate the processes of production, negotiation, modification, or enforcement of a child support agreement, Order, or judgment. Thus far in 2021, the Appellate Division’s Second Department has […]
What must I know about Virtual Trials in New York Custody and Divorce cases?
The Covid-19 pandemic has caused many courts to go virtual and many of the courts still try cases virtually using Microsoft Teams technology. In my estimation, long after the pandemic has ended, the Courts will probably continue to use this virtual technology for certain cases, especially where parties live out of State or where there […]
Can I get my ACS records in a Manhattan Custody case?
Do I have a right to see the ACS Records in my New York Custody case? You may very well have a right to see the ACS records if you have been a target of an ACS investigation brought on by a spouse in a child custody case. But there are strict procedures you must go through […]
Recent Case dealing with Equitable Distribution and Child Support in New York, County of Rockland
In a recent case decision promulgated by the Supreme Court, County of Rockland on June 2, 2021, dealt with whether a gift of inheritance to one spouse, which was made as a loan to the parties by that spouse’s parents, would constitute up to a separate property credit to the spouse who received the advance […]
Evolution of the Postnuptial and Prenuptial Agreement
The laws regarding New York prenuptial agreements as well as and post nuptial agreements and the application of these laws continues to evolve in New York State. Post postnuptial and prenuptial agreements are treated in the same way. The case law discussed herein tends to suggest that prior application of reasoning as to enforceability of prenuptial and postnuptial agreements has […]
NEW LAWS RELATED TO PARENTAGE AND CHILD CUSTODY
In February 2021 the New York state passed a law which provides that New York residents who can’t have children biologically can become lawful parents by means of a surrogacy agreement. This statute will be codified as article 5 – C of the Family Court Act. If you are a parent that has conceived a child through […]
Are you looking for an award of Sole Legal Custody?
Are you looking for an award of Sole Legal Custody? An award of sole legal custody in New York generally requires a hearing with taking of testimony and evidence in support of your case. In contrast with a proper entry of an interim emergency residential or visitation order, an interim award of sole legal custody (decision making) […]