A growing trend in New York is split or joint residential custody of children. This is an arrangement in which the child or children spend equal time, or roughly equal time, with both parents. This is done through something as boldly simple as a schedule that alternates the children with each parent for one week [Read More]
This is the second in a series of articles about New York’s new maintenance law. So far we have discussed that New York’s new temporary maintenance law has two variations, which depend on whether or the payor will be paying child support. In this post we will apply the formulas that I have written to [Read More]
New York State's New Maintenance Law changes the way courts must address temporary and post-divorce maintenance. This may be the most important development in New York domestic relations law in many years. This series of articles will examine the new law. It will start with the provisions for temporary maintenance. The new provisions for temporary [Read More]
Our illustrious Governor has signed the new maintenance law this past Friday. The new Temporary Maintenance provisions included in this law will go into effect on October 25, 2015. The balance of the law, including a new post-divorce maintenance formula, will go into effect on January 23, 2016. This will make New York matrimonial practice [Read More]
New York adopted temporary maintenance guidelines in 2010. Since their introduction these guidelines have been the source of a significant amount of litigation. The statute contains a formula for the calculation of the presumptive amount of temporary maintenance. It also states that a court may deviate from the presumptive award under the temporary maintenance guidelines [Read More]
In New York a court must consider all of a parent’s resources in determining an appropriate amount of child support. So an inheritance or a gift can be counted as income or as a resource available for purposes of calculating child support. This is done more often in cases where the basic child support under [Read More]
When you prepare a financial disclosure statement for court you need to be very careful. On a Financial Disclosure Affidavit for Family Court or a Statement of Net Worth for a divorce action accuracy is very important. You can hurt yourself if you are sloppy and put down inaccurate numbers on any type of financial [Read More]
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]
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]
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]