It is a fundamental principle in New York Family law that for a request to modify a custody order to be able toproceed in court, be it Supreme Court or Family court, there needs to be a substantial change of circumstances. Only if there is a substantial change of circumstance…
The New York Family Court processes petitions for child support, establishes new child support orders, and determines whether a modification should be made to an existing child support order. It is possible to also utilize the Supreme Court to establish, enforce or modify child support, particularly in a divorce or postjudgment divorce…
When a custody case is brought to a New York family court, the law requires the papers to be served to the otherside, often in the form of a summons and petition. It is up to the parent that is filing the case to ensure that the other parent in…
Restraining Orders for protection of a person in New York Family Law are called Orders of Protection. It’shelpful to know the proper legal names under each state of what it is people are seeking. Restraining order and orders of protection (aka protective orders), for example, can mean different things. Orders…
In cases of paternity in New York, a child that was born during marriage is legally presumed to be abiological product of that marriage, and this presumption historically was one of the most persuasive in law. However, it’s important to note that this presumption is still subject to the sway…
Family Court Support Magistrates and Written ObjectionsThere are many complex nuances to consider when evaluating the hurdles and complications of family law – including cases that involve child support and spousal support. Typically, cases of support, are initiated when petitions are filed with your local New York family court, except divorces,…
For child support cases proceeding in a New York Family Court, the court, pursuant to statute, should make a temporary child support order, while the case is ongoing, of an amount that is enough to meet the needs of the child. According to the law, this should be done regardless…
The New Significant Other and Child Support Last week’s blog article was about child custody and the new boyfriend, girlfriend, husband or wife. Like with child custody, I frequently get inquiries and new cases about child support when there are new significant others. As always, people should keep in mind…
The New Significant Other Phenomena When it comes to dealing with visitation time, parenting rights, child custody, and child support – there are a lot of sensitive and complicated issues to consider. One set of situations I deal with somewhat frequently as a family lawyer within Long Island and in…
This blog article will discuss some, but certainly not all, of the features and reasons for or against having payments going through the New York Support Collection Unit. Any recipient of child support has the right to ask that the court order provide that the payments be made through the…