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Long Island Family Law and Mediation Blog

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What are the Underlying Concerns of Mature and Senior Divorces?

There are many reasons why couples may choose to get a divorce at a later stage in their lives. Indeed, divorces cantake place for many of the same reasons attributed to younger breakups – including financial pressures, infidelity and more. Between 1990 and 2010, the divorce rate for people between…

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Child Support Arrears in New York

Both parents are expected to support their children in New York. Generally, however, a non-custodial parent pays support to a child through the custodial parent. Many feel that child support is predicated on the idea that children should have the same lifestyle after a divorce as they had beforehand, which,…

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How Do You Get a Spouse to Agree to Divorce Mediation?

When you and your spouse agree that it might be time to consider a divorce, you’ll discover that there are a number of different routes available for you to choose from. Divorce doesn’tautomatically have to be about stressful litigation – it can be something that you come to terms about…

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When Should a New York Court Refrain From Ordering Forensics in Child Custody Cases?

In an overwhelming number of cases, parents agree to a child custody arrangement without involving the court. However, some child custody cases are brought to court because parents are unable to agree. In those cases, the Supreme Court or Family Court is supposed to allocate to each parent decision-making, care-taking,…

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When Should a New York Court Order Forensics in Child Custody Cases?

Child custody and time-sharing arrangements in New York are determined based on the children’s best interests. In some cases, a forensic evaluation is ordered. This may include general and specialized psychological testing and clinical interviews of the parents and children. In some cases, collateral information is also gathered, and home…

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Proof of Child Support Payments and Cash Payments In New York

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…

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Validity of a Universal Life Church Marriage and Prenuptial Agreement

In New York, an antenuptial agreement that goes into effect once the parties are married may be valid even if the minister that solemnized the marriage received his authority from an unconventional religion. In Oswald v. Oswald, the court considered the effect of a antenuptial or prenuptial agreement after a marriage ceremony performed…

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The Primary Caretaker Standard in New York Child Custody Law

Child Custody disputes and Divorces are complicated at the best of times.  Often, legally breaking down a relationship becomes moredifficult when children are involved. When a mother and father choose to separate or divorce, they not only have to think about the steps that should be taken to improve their…

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Evidence Time Period for Modification of a Stipulation to a Child Custody Order in New York

When you apply for a modification of an earlier order in a New York child custody dispute, you’ll have to present evidence showing a change of circumstances to justify that the modification is necessary to protect a child’s best interests. If you stipulated to the earlier order there is case…

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When Is New York Mediation Appropriate in High Conflict or Abusive Relationships?

Resolving issues in a New York divorce through mediation is usually less expensive than asking the court to resolve them through trial. However, certain conditions are necessary to mediate matters like property division, spousal support, child custody, and child support. The primary condition that needs to be present is the ability…

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