Each County has some particular nuances that make practicing divorce and family law a little different in each venue. Although most of the same laws are applicable throughout the state, besides differences in geography, each court, as well as each judge has their own rules and procedures. As a New…
Articles Posted in Child Support
How do I enforce or modify divorce terms in a post judgment divorce case in New York??
No matter how amicable or contentious a divorce case was, issues can arise after judgment that can be dealt with in the Supreme Court. As a Nassau County Divorce Lawyer, I frequently defend against or bring applications in the Family Courts in Long Island, New York City and the surrounding…
How do I modify child support in New York or get a new or denovo hearing on child support after notice of a COLA increase?
People are free to make arrangements in their settlement agreements concerning the circumstances that would allow for child support to be changed as time moves on from their last child support order. Absent an agreement, however there are two different methods to try to change child support. The first, which…
What can I ask a New York Divorce Court to order while the divorce is ongoing?
Pendente lite motions are requests made by a party to litigated divorce cases to ask the Court to grant certain relief while the case is ongoing. Pendente lite is latin for “while the action is pending.” Pendente lite orders are not intended to settle the divorce in its entirety as…
What is constructive emancipation for child support in New York?
Parents have a duty to support their children, in New York, until the age of 21 unless they are sooner emancipated. The doctrine of constructive emancipation has been developed by the Child Support Standards Act and corresponding case law in New York. Children can be emancipated because they get married…
How is the guideline amount of child support calculated in New York?
There is a formula in New York contained in the law, commonly called the Child Support Standards Act, which is designed to provide a presumptive amount that a non-custodial parent should pay for child support. The policy behind the enactment of the statute was to attempt to provide standard amounts…