Long Island Family Law and Mediation Blog

Child Support Bullets Part 3: Family Law, Uniform Interstate Act, and Support Decisions

February 21, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

Parents-Walk-300x200 For some time now, I’ve been using this blog as an opportunity to share valuable information about family law, child custody, and divorce with people who need guidance. With many years of experience working as a child support attorney and divorce lawyer in New York, I’ve answered a lot of questions in my time.

The blogs and articles here and on my website cover some of the complex topics that can arise during a divorce or when parents split in more detail, while these bullet-point guides take a more compact approach. Today, in the third issue of the child support guide, we’ll be looking at family law in New York, the Uniform Interstate guidelines, and the decisions that couples must make about child support.

Child Support Cases in New York

Child Support Bullets Part 2: Constructive Emancipation, Paternity and Equitable Estoppel

February 14, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

ParentsReading-300x200 Throughout the past year, I’ve been publishing a series of guides intended to support anyone who wants to learn more about the common issues that emerge in family law and divorce cases. This particular guide is a continuation of the Child Support series.

For this section of the guide, I will be looking at constructive emancipation, and what it means to child support requirements in a family law case. There are certainly cases where the emancipation of a child might be deemed appropriate. This will lead to a termination of child support in those instances. In this blog I will also be discussing the complexity of paternity in family law.

For the paternity part of this guide, we’ll consider what equitable estoppel means, and when DNA might not matter to legal decisions. Continue reading ›

Child Support Bullets Part 1: Guideline amounts and temporary orders

February 7, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

Kissing-Parents-300x200 If you’ve been following this blog for a while now, you’ll know that I have been producing a series of bullet-point guides that cover various common topics associated with divorce, family law, child custody, and similar concerns.

Today, I’m starting a new bullet series that will cover an important aspect of family law: child support. When it comes to living separately from the other parent of your child or getting a divorce from your partner, determining how you are going to continue looking after your child properly is an important consideration. Child support can be a crucial aspect in ensuring that your child can maintain the same quality of life after a divorce is complete. It is also important to think about how the custodial parent and the non-custodial parent will be able to still take care of themselves/

Today’s child support bullet point guide will introduce the basics of how New York courts determine the right amount of support to give to a parent in a child support case. We will also discuss the concept of temporary orders for child support. Continue reading ›

Divorce Litigation Bullet Points 18: Post Judgment Modifications and Vacating a Divorce

January 30, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

For some time lately, I’ve been publishing articles, as bullet point guides as quick resources from articles about Couplesofa-300x200 divorce litigation I have posted over the year. These guides are intended to be a quick resource regarding some of the nuances involved in divorce litigation. If you’ve been considering divorce proceedings yourself, you may have found that it can be quite difficult to understand how the process works. Any kind of divorce can be a complicated experience, but litigation is often particularly stressful because it’s such a complex and emotional way to end a marriage.

These bullet-point guides aim to give you quick and convenient information about some of the most challenging aspects of a divorce litigation procedure. In this final divorce litigation bullet guide, we’ll be finishing our series with a discussion of post judgement modifications, and what it means to vacate a divorce.

Enforcing and Modifying Divorce Terms

Even in amicable divorce cases, issues can often arise with the final judgement of a case that need to be addressed by the Supreme Court. As a divorce attorney in New York and Nassau County, I frequently work with clients who need help both enforcing and modifying all kinds of agreements following a divorce judgement: Continue reading ›

Divorce Litigation Bullet Guide 17: Uncontested divorces and Switching to Divorce Mediation or Collaborative

January 18, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

Couch-Meeting-300x200 Welcome back to my series of bullet point guides on divorce litigation. We’re coming to the end of this guide, with more information to come on various aspects of family law in the months ahead. If you’ve been keeping up with this series to this point, you’ll know we’ve been covering some of the most commonly queried parts of divorce litigation, ranging all the way from “what is equitable distribution”, to how decisions are made about maintenance.

This time, we’re going to be looking at the concept of an uncontested divorce, what kind of documents you would need to complete an uncontested divorce, and when you might choose to switch from litigation to mediation or collaborative law. Continue reading ›

Divorce Litigation Bullet Points 16: Marital and Separate Property, Businesses, and Taxes

January 3, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

Couple-Home-300x200 For some time now on this blog, I have been publishing these bullet point guides, which are a blend of my blogs over the years, as a solution for people who need to learn more about divorce. The end of a marriage is a complicated thing, and the complexities of your case may begin to feel overwhelming when you’re approaching litigation for the first time. These bullet guides aim to provide an easy-to-access way to answer some of your most pressing questions.

In this bullet point guide, we will be looking specifically at marital and separate property in divorce equitable distribution, as well as the role that taxes might play in separating assets. We will also touch on the decisions to be made about business ownership during a New York divorce.

Defining Marital and Separate Property

As mentioned in previous blog posts and guides, the process that New York courts use to distribute assets between two parties in a divorce is called equitable distribution. This process involves sharing “marital assets” based on what the court considers to be just and fair.

Marital assets are broadly defined by the New York law for Domestic Relations as property obtained after the date of the marriage and before a separation agreement is executed, or the filing of a divorce case.
Separate property is not included in equitable distribution considerations under the Domestic Relations Law. Separate property is anything that was kept separate and either acquired before the date of the marriage, or the property that was received by one party as a gift or inheritance. Sometimes, personal, or separate property may also include personal injury awards.
In New York divorce cases, marital property can include a range of things, including retirement and pension benefits acquired within the marriage, automobiles, real-estate, furniture, stocks, bank accounts, and even business components. All marital property must be equitably distributed according to the laws of New York, unless there is an agreement otherwise.
When determining how to divide marital property between two spouses, the courts will often consider a variety of things, including the current income of each spouse, their age, their earning potential, their health, and the contributions that each person made to the marriage, both financial and otherwise.

Divorce Litigation Bullet Points 15: Equitable Distribution, Efforts, and Adultery

December 26, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Outsidequarrelcouple-300x200 If you’ve been following my blog over the last year or two, you’ll have noticed that I’ve been systematically sorting through various articles I’ve done over the years to bring you an easy-to-follow list of guides on things like divorce mediation, litigation, and beyond.

Right now, I’m discussing divorce litigation, which is one of the most complicated topics for many couples to deal with. Litigation can be a difficult process at the best of times but understanding the basics of how decisions are made, and issues are overcome can help you to move through the process with as little stress as possible.

Today’s bullet points will cover some important ideas in divorce litigation: namely, equitable distribution, and what kind of things might change what a court sees as “fair”. Continue reading ›

Divorce Litigation Bullet Points 14: No Fault, Residency Requirements and Withdrawing a Divorce

December 13, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Negotiationpic-300x207 Lately, I’ve been frequently adding new updates to my blog as part of a bullet point series on divorce litigation summarizing the more in-depth articles I posted over the years. These bullet point guides aim to offer a quick overview of some of the most common questions and concerns that emerge in litigation.

Though litigation is only one option when it comes to getting court orders or making agreements in a divorce process, it is a common choice, particularly when at least one of the sides of the case will not negotiate or mediate. However, there are a lot of rules and guidelines to be aware of before you move into the litigation process. Today, we’re going to be looking at residency requirements for a New York divorce, and whether it’s possible to withdraw a divorce in litigation. Continue reading ›

Divorce Litigation Bullet Points 13: Pendente Lite and Temporary Orders

November 27, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Negotiationpic-300x207 For quite a while now, I have been sharing divorce litigation bullet point guides, summarizing my posts over the years, as a way to assist people looking for more information about the details of divorce. It can be difficult to come to terms with all of the complicated considerations that appear at the end of a marriage. While this blog and my website offer a lot of articles to help you answer some complex questions, you might find these bullet point guides helpful for quick answers to queries.

In this section of our bullet point guide, we will be looking at temporary orders and “pendente lite” orders in a divorce. Pendente lite orders require a party in a divorce to do something “during” the litigation, while the case is pending. This might mean that for the course of the litigation case, a spouse is required to pay maintenance to another. Continue reading ›

Divorce Litigation Bullet Points 12: Marital Debt and the Family Home

November 21, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Unhappy-couples-300x200 Recently, I’ve been updating my blog with a series of bullet-point guides intended to help people who want to learn more about divorce litigation. This area of law can be a very complicated one for many people, and it’s often difficult to find the answers to all the questions you might have.

This bullet-point series bring together some handy insights on divorce litigation that I have written about over the years, and the concerns that might arise during a case. In this particular bullet point list, we’ll be looking at the concept of marital debt, and how it could be divided in a divorce – just like marital assets.

We’ll also look at the family home, and how the courts approach splitting the value of the home between partners. Continue reading ›