The Upstate New York Divorce Law Blog

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A forum for discussion of the legal and practical matters of getting divorced in Upstate New York.

Impact of the New Federal Tax Law on Maintenance

Changes to the Federal Tax Code have repealed the tax deduction for maintenance. Matrimonial law in New York State typically is legislated in Albany.  However, this year the biggest change in matrimonial law comes from Washington, D.C.  The 2017 “Tax

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The Impact of The New Tax Law on Divorces Part 1: Collecting More Income Tax

Matrimonial law in New York State typically is legislated in Albany.  However, this year the biggest change in matrimonial law comes from Washington, D.C.  The 2017 “Tax Cuts and Jobs Act” includes among its 186 pages a section entitled “Repeal

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Modification of a Custody Order: Part 14 – The Wishes of the Child continued

In this post we pick up with our discussion of the preferences of a child in determining custody.  As I mentioned last time, this is not always a black and white issue for a number of reasons. A child’s preference

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Modification of a Custody Order: Part 13 – The Wishes of the Child

The wishes of a child in a custody modification matter are a complicated subject.  Let us start by keeping in mind that we are talking about children, who generally lack maturity, insight and perspective because, after all, they are children.

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Modification of a Custody Order: Part 12- Quality of Interaction Between Parent and Child

In making a determination of a modification of custody a court must consider the quality of the interaction between the parent and the child or children.  This means that primary among the circumstances to be considered in determining the best

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Modification of a Custody Order: Part 11 – The Presence of Siblings

  Anyone who has a brother or sister can tell you how important the sibling relationship is and what a significant role our siblings play in our childhood development.  As common sense would dictate, the law strongly favors the development

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