According to New York law, a Court has the discretion to impute income to a parent where the parent received money, goods or services from a relative or friend. For example, a Court may impute income to a party based on the value of a rent-free home provided for him by a relative. A common [Read More]
If you cannot stay off of Facebook while you are involved in a domestic relations legal matter you should not post anything on Facebook. If you have to post something, at the very least you should not post anything related to your legal case or anything that could be construed as being related to it. [Read More]
The Collaborative Divorce Process is a cooperative process in which a separating or divorcing couple, with the assistance of their attorneys, work together to negotiate the best outcome for both parties and their children. The process is based on a voluntary and free exchange of information, the parties pledge not to go to court and [Read More]
Welcome to my blog. Here we will discuss domestic relations matters as they present themselves in upstate New York. Not that divorce or custody cases here are very different than those down state or in other states. But the law of domestic relations law in New York is different from that in other states. Also [Read More]
I am a big fan of the Dos Equis commercials and the “Most Interesting Man in the World.” And although I do not drink beer, if I did it might be Dos Equis. Among my favorite of these commercials is the “Most Interesting Man in the World on Going Dutch.” His words of wisdom, “You [Read More]
Apple's iPhones are sold on prolific numbers and marketed upon their many features that are meant to make our lives easier or just amuse us. One iPhone feature, which is not pitched as a selling point, is an app called "Find my Phone." This app allows you to find your phone using another device by [Read More]
As the recession drags on and the employment picture continues to be dim, there is a sad pattern that is playing out before the Support Magistrates in New York State. Many unemployed parents who are charged with paying child support seek to have their child support obligations reduced based upon their unemployment. Many of them [Read More]
Temporary orders are tests. You may not think as a temporary order as a test, but they are. Depending on what the judge directs, a temporary order may be a way for the Court to test one or both of the parties to see how they will behave in a given situation, or how they [Read More]
Parties who are divorcing often can benefit by using email. Since most people have their email on their cell phone, and no longer have to rely on email on their computer, email allows parties to communicate instantly. Text messaging also offers these benefits. For purposes of this discussion, we simply will discuss email. Keep in [Read More]
Under New York law, when determining child support a court is not bound by a party’s representation of their earnings and their income. Although the best indicator of a party's earnings usually is their latest paystubs and their previous year's income tax returns, sometimes these do not accurately reflect what a party is capable of [Read More]