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,…
Divorce mediation in New York is a voluntary settlement process used by spouses who wish to divorce. The process is facilitated by a mediator who works with both spouses to negotiate a settlement that both parties can live with and that is in the best interests of the family. The…
The short answer is yes, if the best interests of the children suggests different parents should have custody, as the recent Long Island case summarized below illustrates. Child custody battles everywhere, as in Nassau County, New York can be extremely difficult, both for the parents and for the children. If a couple is…
Parties are free to agree upon what is fair for child support, equitable distribution, and maintenance when they negotiate their own divorce terms though mediation, settlement negotiations or collaborative cases. In litigated cases, in general, when it comes to making determinations during a divorce case about issues such as child support,…
In New York, annulments are rarer than divorces. However, though they may be less common, the procedure is still available for partners so long as the correct legal grounds are present. Underlying the concept of annulment is the legal theory that the “marriage” to be voided, after the annulment, was…
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…
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…
Filing for a divorce, regardless of where you live or what the underlying circumstances may be, can sometimes require some thought to ascertain in which state in this Country you should file. There are rules to follow throughout almost every aspect of the case, from determining where you will be…
I recently wrote about the revisions to the New York maintenance (alimony) law which was passed in September 2015. It became effective for the temporary maintenance provisions on October 25, 2015 and for durational or permanent maintenance (the maintenance ordered for some period of time after the divorce if there…
No matter the circumstances, a divorce is rarely pleasant or easy, but it can be resolution and a new beginning. In any situation, there are various factors that both parties will need to carefully consider – such as how to split or share assets, who should be responsible for what,…