RECENT DEVELOPMENTS IN CHILD SUPPORT AND SPOUSAL SUPPORT LAW
Child Support and Spousal Support: What is new? Navigating the laws surrounding child support and spousal support can present challenges, particularly given the prevalence of misinformation. It is important to note that calculation amounts are subject to annual adjustments. As of 2025, spousal support or maintenance obligations are calculated based on an income cap of […]
A FICTIONAL STORY ABOUT HOW SPOUSES SHOULD NAVIGATE CHILD CUSTODY, CHILD SUPPORT AND DIVORCE
In the business district of New York City, a fashion designer and his spouse, an investment banker, navigated the challenges of divorce. Having maintained separate assets prior to their marriage, they chose to negotiate a prenuptial agreement. Their union began with affection and meaningful conversations each morning. During their ten years together, they welcomed three […]
Does Mexico have the jurisdiction and power to decide divorce and child custody matters where one parent resides in New York and is a United States citizen, while the other party resides in Mexico and the child is a United States citizen temporarily residing in Mexico?
It is important to note that both Mexico and the United States are governed by the Hague Convention which sets forth the International law for Child custody. This forum also deals with child abduction cases that occur between both countries. As such, absent extraordinary emergency circumstances the laws and decisions related to custody generally result […]
CAN A NONPARENT SUE FOR CUSTODY OF A CHILD?
It is well settled law that,absent extraordinary circumstances, a nonparent or putative father may not commence a custody case. Extraordinary circumstances, as defined by law, must include allegations of surrender, abandonment, persisting neglect, or unfitness. See the following cases. (Matter of Dickson v. Lascaris, 53 N.Y.2d 204, 208, 440 N.Y.S.2d 884, 423 N.E.2d 361, quoting […]
Can a prenuptial agreement protect my assets and Income?
I would like to discuss why you might need to consider retaining an attorney to assist in securing a prenuptial agreement. There are many reasons why you might need a prenuptial or premarital agreement. All of the reasons below will apply to a postnuptial agreement as well, and I will discuss that contingency a little […]
CAN I ENFORCE OR MODIFY MY NEW YORK DIVORCE JUDGMENT
My clients often asked me what to do if their ex-spouse is not paying them as per the terms of the divorce judgment. In New York State you may bring a motion in the form of an order to show cause to ask the judge to show cause why your spouse should not be abiding by the […]
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 […]