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Equitable Distribution in New York

In New York, during divorces, the property will be divided based on equitable distribution– distributing fairly and reasonably. This property division will consider factors, such as the income of each party, the duration of the marriage, the pension and inheritance rights of either party. The courts will have discretions in deciding the property division, and […]

Child Support Modification

In New York, child support can include cash payments, health care costs, and health insurance. The New York Family Court calculates the amount of child support based on the state child support guidelines. Moreover, parents can agree on the amount of child support; once the court approves this agreement, their agreement is binding. If a […]

Modification of Maintenance Award

Maintenance is money paid by one spouse to another after a divorce. Maintenance can be temporary, and it is known as “Pendente Lite” maintenance. A temporary maintenance order lasts until a final order of maintenance is issued by the court. In contrast, a final order of maintenance can be either durational or nondurational. A durational […]

Custody or Visitation Interference

Parents may lose their parenting privilege and authority, or even subject to criminal charges, if they repeatedly make visitation interference. A parent will commit Custodial Interference in the Second Degree under New York Penal Law § 135.45, and he or she would be published by up to one year in jail and/or a fine not […]

Winning Your Child Relocation Case

Sometimes parents consider moving out of state because of new jobs, remarriage, the need for specialized health care, and so forth.  In child custody cases, a parent must seek permission to relocate, for example, in New York, a relocation beyond a radius may require either consent of the other parent or court order. In another […]

Tips on child custody litigation

Find the Right Lawyer Most parents make the mistake of hiring a divorce lawyer on their child custody case.  That may fit some cases, but there are attorneys that devote more time and therefore have more experience in child custody and relocation matters. And that experience can only be in your favor. Also, find the right lawyer also means finding a […]

Also posted in Child Custody

Child Custody Agreement – Example

Child Custody Agreement   Here is but one example of a child custody agreement. You should seek a professional legal service provider and not rely on this agreement.  It is here simply so you can see what the issues are that child custody agreements deal with.  This is not legal advice. A. The husband, ___________ […]

Top 10 Things to Do Before Engaging in a Custody Battle

7 Grounds for Divorce in New York

Adultery: If your spouse commits adultery you must also make sure that less than 5 years have elapsed since the discovery of the adultery, and that you have a witness that can testify. Adultery becomes a reason for divorce if you have not encouraged the act, forgiven him/her by having sexual relations with him/her after, […]

Also posted in Marital Agreements, New York No-Fault Divorce

Temporary Maintenance in the New York Courts

Temporary maintenance is a type of provision pending litigation that is legally enforced and paid to one spouse by the other spouse as means of support. The granting of maintenance only takes place if there is the existence of a marriage. In New York courts, a new law for temporary maintenance was established as of […]

Also posted in Divorce Litigation, Marital Agreements