In Nassau County and Suffolk County, as well as the surrounding areas of Long Island and New York, the law generally allows for concurrent jurisdiction in either the Supreme or Family court to tackle issues of spousal or child support for married couples not living together. For a married couple…
Articles Posted in Child Support
Under What Circumstances Will a Court Modify a Child Support Agreement?
In a recent post, we discussed New York child support agreements and how the parties to a divorce may be able to agree to the payment and amount of child support rather than have the court make that determination. We also discussed a situation in which the court was likely…
Can the Parties to a New York Divorce Mediation Provide Their Own Agreement Regarding Child Support Payments?
While some New York divorces are long, drawn-out, and contentious affairs, others are much more amicable such as when the parties use divorce mediation as the process. In the latter type of divorce, it is not uncommon for the parties to agree on many of the issues that a court…
Determining Which Parent Gets to Claim a Child as a Dependent Following a New York Divorce
As we approach the end of the calendar year, taxes are on everyone’s mind. Perhaps people are thinking more about taxes than usual because of the passage of the new tax law by Congress at the end of 2017. To many who have been through a New York divorce…
Genetic Testing in New York Child Support Cases
In a recent post, we looked at the court’s power – and, in some cases, obligation – to order a DNA test in New York paternity proceedings. New York lawmakers have passed a similar, albeit slightly different, statute establishing when a court must order a DNA test in a New…
DNA Testing in New York Paternity Cases
Ever since the time that DNA testing has been recognized as a reliable method of determining paternity, family courts across the country have relied upon the testing to resolve disputes over paternity. Indeed, the New York Family Court Act discusses the availability of DNA testing for the purposes of establishing…
What are Unreimbursed Business Employee Expenses in New York Child Support and Maintenance?
Divorce or family law issues for unmarried people is a complicated time for any couple, but situations can become far more complex when children are added into the mix. Not only do New York divorce attorneys and the New York Supreme or Family Courts need to determine who should provide…
New York Child Custody Issues Involving Sperm Donors (Part II)
In an earlier post, we discussed some of the issues that may arise when a sperm donor seeks to establish the parental rights of a child. One of those issues arises when a sperm donor seeks to establish parental rights. This is complicated by the fact that New York does…
What Happens if a New York Court Relies on Incorrect Information When Ordering Spousal or Child Support?
At some point in a New York divorce case, the court will generally make a child support determination, a spousal support determination, or both. Support determinations can have an enormous effect on both of the parties to the divorce, and the court is supposed to rely on specific information when…
New York Divorce and Claiming Children as Dependents Under the New Tax Law
When a divorce takes place between partners with children, there’s a lot more to consider than just who will maintain custody of the child. One of the standard issues that I address with myclients is who will be able to claim the child as a dependent on their tax returns.…