WHAT IS THE BASIC CHILD SUPPORT OBLIGATION IN NEW YORK?
The Child Support Standards Act is often referred to as the CSSA which is a law that mandates that both parents pay their fair share of child support. In essence, it requires the noncustodial parent to pay the custodial parent a prorated share of child support based upon the combined income of the parties. There […]
What Happens At The Preliminary Conference?
If your divorce matter is contested than you’ll likely go to court for a preliminary conference date. The first day in court is always a daunting. You will be accompanied by your attorney and your spouse will be accompanied by his or her attorney. The New York Divorce Courtroom will likely be filled with other […]
Divorce, Gay Rights, and Child Custody: Navigating Parental Rights for Same-Sex Couples
Let me talk to you a little bit about same-sex couples, divorce, gay rights, and the interplay of child custody rights of gay partners upon the birth of a child. Same sex partners can get married in New York and they have the same rights as heterosexual couples upon divorce. That is clear. Where it gets […]
WHAT PITFALLS SHOULD YOU AVOID WHEN YOU ARE IN THE MIDSTOF A DIVORCE
It is only natural to seek advice from friends during a divorce especially to seek out advice from friends who have been through a divorce. However, since the New York Supreme Court Justices you appear before have expansive discretion under the New York Domestic Relations Law to apply the law to your particular set of […]
RECENT APPELLATE DIVISION DECISIONS ON CHILD CUSTODY CASES IN NEW YORK
In the case Chad KK. v. Jennifer LL., 219 A.D.3d 1581 (2023) the Appellate Divisionupheld the lower trial court decision as to joint custody holding that the higher Courtwill often defer to Family Court’s credibility determinations at trial and will often adopttheir factual findings based upon the fact that the trial court has a superior […]
CAN I MODIFY OR ENFORCE A FOREIGN DIVORCE DECREE IN NEW YORK STATE ISSUED IN ANOTHER COUNTRY OR STATE?
The general rule of law is that a divorce judgment or Order that was obtained in aforeign jurisdiction, in accordance with the laws of that foreign country or foreign stateis entitled to recognition under the principle of comity unless the decree offends the lawsof public policy which are adhered to in the State of New York. […]
Can I Apply For Counsel Fees In A New York Divorce?
If you are the lesser monied spouse, you can apply for counsel fees in New York in yourNew York divorce case. The Court wants the parties to play on an even playing field. It isnot an easy thing to do because there are certain qualifications the court will look at whenyou’re filing your motion. Make […]
What If My Spouse Is Hiding Money and Income In A Divorce When I Need Spousal Support and Child Support?
A Court has the authority to apply a needs test under certain circumstances where it is impossible to determine where the income is coming from. It also has the innate ability to impute income against one spouse where it is obvious that one spouse has income but declines to disclose it. Also, where a spouse […]
Can A Court Order The Sale Of A Martial Residence Before A Divorce Trial?
It is well settled that a Court may not Order distribution of marital assets pendente lite, nor Order the sale of the marital residence pendente lite. In the First Department case of Tagioni v Garcia 200 AD.3d 44 (First Department, 2021) the Court held that real property held as tenants by the entirety may not […]
General Divorce Information
Also, read these informative articles by Lisa: One out of every two marriages ends in divorce. Because of financial and time constraints, however, many parties first find themselves in Family Court seeking an acknowledgment of paternity, child support and/or custody. If those issues can’t be resolved then it becomes necessary to speak to an attorney […]