If you took the name of your spouse when you married, you can now choose to keep your current name or resume your former surname when you divorce. You might decide to retain your married name for a variety of reasons, such as maintaining consistency with your children or keeping your professional and social contacts. Conversely, reclaiming your former name…
Getting a phone call from an agent of Child Protective Services (CPS) or Administration for Children’s Services is frightening. An indictment can result in the loss of your child or the implementation of a service plan that interferes with your relationship. Even unfounded cases can have traumatic effects on your record and your closeness with your family. The child abuse…
Deciding to live together is a big step in a relationship. You make a commitment that feels similar to marriage. Unfortunately, you do not receive the automatic legal protections that you do through a marriage. For example, New York inheritance laws provide protections for each spouse that is not available to unmarried partners. In addition, divorce is governed by a…
Maintaining healthcare coverage for you and your children The common system of employer-sponsored health insurance can leave you scrambling for coverage after your divorce. Possibly your employer does not provide insurance or you worked as a stay-at-home parent whose only access to the reasonably-priced group insurance rates was through your spouse’s job. Options available on the free market are limited…
As the noncustodial parent, you will likely owe child support. The amount is generally established based on New York child support guidelines calculations, with some room for negotiating a fair monthly amount. In addition, you can negotiate with your spouse to reduce your future tax liability. The actions you take during mediation can put more money in your own pocket…
When your children’s other parent lives outside of New York, determining which state has jurisdiction to rule on the establishment, collection and enforcement of child support payments can complicate the process of getting the money you are owed. The Uniform Interstate Family Support Act (UIFSA) addresses this issue so you know which order to follow and which court to petition…
Fatherhood comes with many rewards and pleasures. It also involves a lifetime of financial and personal responsibilities. Once you are named the father — either through an order or voluntary acknowledgement — you can be held liable for child support until the child turns 21 years old. You may be determined to care for your own child, but what happens…
Contrary to popular belief, only a few states recognize common law marriages. Many people still assume that by living together for a period and holding themselves out as man and wife, they attain the rights of being married. Often people think the magic number of years is seven. The reality is that New York does not recognize common law marriage.…
One of the ways to obtain a divorce in New York is to live apart pursuant to a separation agreement. Sometimes this option makes the most sense to a couple. The parties work out the terms of the separation and include them in a formal agreement. Other times the parties may choose not to divorce but to legally separate. The…
When you go through a divorce, you need to divide up the assets. Some of those assets are called marital property, while others are separate property. Figuring out what is marital property is not always easy but is an important part of your divorce. A skilled family law attorney can help explain the intricacies of the law that governs the…