Month: November 2011

Making Move Aways Work

After a marriage dissolves and child custody disputes are settled, former spouses and children begin the next stage of their lives. During this time, parents are encouraged to continue working respectfully to care for their children. But economics and other factors lead to new upheaval when a custodial parent wants, or needs, to make a residential move beyond the generally…

Social Media Impact on NY Divorce

The resignation of Congressman Anthony Weiner in June 2011 underscores the power of social media. While millions of people regularly send texts, emails, and photos to others via electronic platforms such as Twitter, this activity put the disgraced Congressman in hot water with his constituents and the public. While representing the Ninth U.S. Congressional District, Weiner sent numerous lewd photos…

Grounds a Parent Can Use to Seek Full Custody or Child Support

In making decisions about child custody and support, New York family courts consider many factors, including the maturity, morality, and stability of each parent and their willingness to make decisions in the best interest of their children. They also consider how well each parent communicates and cooperates with the other on matters related to their child. New York courts frown…

NY Child Support Guidelines and Requirements

The State of New York takes child support seriously and makes every effort to help custodial parents collect the child support payments owed to them. Anyone with questions about New York child support payments and enforcement can get answers at the Office of Temporary and Disability Assistance[CK1] website. The guidance of a knowledgeable attorney is crucial in these matters. The…

The Economics of Divorce

When people consider the cost of divorce, they usually focus on the most obvious expenses involved, such as the attorney, filing, and court fees to process the divorce. But the economics of divorce go far beyond the cost of the divorce itself. The need to split up property between parting spouses may require selling a home or other major asset.…

New York Same-Sex Prenup Agreements

In June 2011, New York joined a short list of U.S. states that allow same-sex marriage. Marriage licenses are now issued to gay couples in the following states plus the District of Columbia: Massachusetts Connecticut California Iowa New Hampshire New York New Jersey, Hawaii, and Illinois permit civil unions with state-level spousal rights. But while there is progress on gay…

Grounds for Divorce—No One’s Fault

On October 12, 2010, New York became the last state in the country to adopt a no-fault provision as groundsfor ending a marriage. Domestic Relations Law §170(7) now allows for dissolution of marriage if one party swears under oath the marriage relationship has broken down irretrievably and if major issues such as support, child custody, and property division are agreed…

The Need for Strong Representation

Almost all people getting divorced need an attorney. Even if couples work out agreements over the kitchen table, an attorney experienced with family law should review those arrangements. At the outset, most people getting divorced have no idea what kind of attorney they need. They just know they want a good one—someone who hears their story and takes action. Too…

Interference Can Be a Game Changer

In a decision entered in June of this year, the Appellate division, Third Department, upheld a Family Court finding that interference by a custodial parent was a significant change in circumstances sufficient to alter a designation of primary custody. In Keefe v Adams, a 2007 order provided joint legal custody to the parents of a son born in 2002. After…