What is emancipation? Emancipation is the concept of a minor-aged child leaving his or her parents’ custody (either voluntarily or forcibly) and living independently. New York has no official emancipation statute, nor does the state provide a specific order of emancipation to emancipated minors. However, courts are likely to recognize your emancipation as a minor if the following conditions are…
Common law marriage is the concept of a couple living together for a certain amount of time and thereby automatically gaining status as a married couple. While some states recognize common law marriages, New York is not one of them. In New York, a couple must take measures to legally wed in a civil proceeding or church ceremony in order…
The Navy actually uses better screening for clearance than almost any other organization/branch of government or private industry. In fact, for the Navy, an allegation of adultery can prevent someone from obtaining or maintaining security clearance. Notably, during the D.C. shootings (the unfortunate and most percent mass shooting claiming the lives of 12 people) has left many questioning why certain…
Your legal responsibility to support your minor-aged child financially remains in effect, even if you are laid off or lose your job. If you are not your child’s primary custodial parent, you likely have regular child support payments due to your ex. If you become unable to meet your monthly obligation, you should notify your ex, as unexplained delinquency could…
Going through a divorce is bound to elicit strong emotions — after all, you may be rehashing painful memories from your marriage and dealing with difficult issues such as child custody. It can be easy to let your spouse get the best of you emotionally, especially when he or she is acting in a spiteful, juvenile or contrary way. By…
In a divorce involving children, parenting issues can stir a bitter custody battle. Our firm has litigated and won thousands of custody matters for our clients, and we know the importance of gaining, exercising and understanding parenting rights. In New York, two fundamental types of custody must be agreed upon by parents or decided by the court before a divorce…
In June, the U.S. Supreme Court addressed two cases before it concerning the rights of same-sex couples. The response of the court on these two issues was as follows: United States v. Windsor — The court ruled Section Three of the Defense of Marriage Act (DOMA) is unconstitutional and deprives citizens of their liberty under the Fifth Amendment of the…
By decision of the Family Court of the County of Suffolk dated May 30, 2013, a mother received child support three times the income reported by her husband. Through cross examination and introduction of subpoenaed records Mr. Salamone was able to show that Mr. S (father of three) should be paying based upon $90,000.00 and not his $30,000.00 as reported.…
In high-conflict divorce matters, the use of a parenting coordinator is sometimes suggested. What is a parenting coordinator, and can one really help? According to the American Psychological Association, parenting coordination is a nonadversarial dispute resolution process ordered by a court or agreed to and paid for by parents. For families routinely using lawyer-assisted negotiation and litigation to resolve disputes,…
The divorce process legally ends a marriage and necessarily creates agreements about spousal support, division of assets and child custody if there are children. Many couples can make decisions themselves or with the aid of an attorney or mediator. However, if you are not lucky enough to be half of one of those couples, your case will continue toward trial…