As you go through your divorce, important to be focused on the long term, making sure you’re ending up with the best possible settlement for you. This requires you to have a clear picture of exactly what it is you want as you move forward with your life. With how stressful and emotional divorce can be, however, this is often…
If you have child support owed to you, you could have a lien placed on the property of the delinquent payer. This is a legal notice that informs the public (and creditors) that there are claims against the individual. In most cases, the parent with custody files the lien in the same office in which property is recorded and registered.…
One common question people have regarding child support is what happens if their former partner files for bankruptcy. You can rest easy — even if that person files for bankruptcy, child support and alimony do not qualify as dischargeable debts. However, depending on whether your former partner files for Chapter 7 or 13 bankruptcy, there could be some potential complications.…
If you and your spouse are filing for divorce and you have children together, it’s important to establish a plan when it comes to child custody and visitation. This initial plan, which should be legally binding, is meant to be temporary until a more permanent arrangement can be decided. It’s worth noting that if these temporary arrangements work well, the…
Under the federal Family Support Act, all states are required to have a system in place that allows for automatic withholding of a parent’s income to pay for child support, along with orders that combine child support and alimony. If you are having a difficult time receiving child support from your kids’ other parent, you may be able to seek…
If you receive a formal petition for child support, it is important that you respond quickly and appropriately. You are legally obligated to provide child support if you are not the custodial parent, and avoiding this responsibility could lead to significant legal consequences. The petition you receive will have specific instructions on the steps you need to take moving forward.…
Many noncustodial parents wonder whether they can get a break in support payments when their child is away at college. The logic behind this request is that part of what the parent is paying in college expenses is for room and board, which the custodial parent is not providing for perhaps nine months of the year. However, courts have rarely…
Given the ever-skyrocketing costs of a college education, divorced parents often wonder whether they are legally obligated to pay college tuition for their children. In fact, New York is one state that does allow a court to order college tuition payments. Domestic Relations Law §240(1- b)(c)(7) states: (7) Where the court determines, having regard for the circumstances of the case and…
There are exceptions to this such as when a child enters the military service after the age of 18; dies; and/or gets married. Nevertheless, New York is the last state with child support through the age of 18. There are also cases of emancipation. We have prevailed in both the Local and Appellate Courts in cases seeking to declare children…
In 1985 the New York Court of Appeals started a case called “O’Brien v. O’Brien” this case has a “progeny” of cases that further define it and solidify it. The case stands for the proposition that “an interest in an professional career is marital property which can be represented by direct or indirect contribution (even non-financial contributions) of a spouse.…