A noncustodial parent is required to pay child support to a custodial parent in New York until a child is 21 years old. In many cases, this means that support continues to be paid while a child is in college. Basic child support is calculated based on a formula using…
According to the New York Domestic Relations Law, as part of a matrimonial case, such as for divorce, annulment, separation, or obtaining maintenance or equitable distribution following a foreign divorce judgement, the court may award counsel fees. In New York proceedings it is well established that the Court in domestic relations…
Fair Hearing when Challenging “Indicated Findings” by Child Protective Services or the Administration For Children’s Services (CPS and ACS) No matter what the reason behind a hearing may be, one thing that all of my clients should have access to is a fair hearing if they want it. The right…
What happens in a divorce when someone fails to make financial disclosure or financial disclosure in divorces? Parties to a divorce in New York are entitled to complete financial disclosure by the other side. There are a number of ways for a divorce lawyer to obtain this disclosure. Usually one…
Challenging an Indicated Finding by Child Protective Services If you ever discover yourself within a situation wherein you have been made the subject of a report made to the New York Child Protective Services or Administration of Children’s Services (CPS/ACS), it is important to ensure you know your rights. Although…
Comparing Divorce Litigation, Collaborative Law, Mediation and Negotiated Settlements In the process of a divorce or case involving family law, you will often find that there are many different routes available to you. As a trained mediator, litigator, collaborative law attorney and legal professional, I have had experience with all…
I wear different hats now in my career since I am a litigator, certified mediator, certified collaborative law attorney and a lawyer negotiator. This blog entry will focus on divorce mediation v. divorce litigation as I do both. Overall, my belief is that the couples that I have worked with…
Out of court statements offered for the truth of the matter asserted are hearsay under the evidence rules and are not admissible at a trial or hearing, unless they fall under a hearsay exception. This blog is intended to help give an understanding about the applicability of the hearsay rules…
Trials and hearings, in New York divorces, can be on the topics of grounds, custody, support and equitable distribution. While the majority of cases settle prior to trial, many trials are still necessary on some or all of the issues. Although other hearings are possible, such as on contempt or…