Bryan L. Salamone & Associates, P.C.’s Legal Blog

New York Appeals Court Reverses Sole Custody Order Due to Concerns that Mother Might Take Child from the Country

Most child custody disputes trigger high emotions, but situations where one parent might relocate a son or daughter out of the United States are particularly contentious. When these cases are litigated, judges need to look beyond the immediate circumstances and consider whether a particular decision will jeopardize the relationship between a potential noncustodial parent and their son or daughter. A…

Increases in Childcare Costs Might Justify Child Support Modifications

Throughout New York State, high childcare costs have become a pressing issue for families and politicians. One estimate puts the average monthly cost at $1,500 for an infant. This figure could be even higher depending on the location and the specific features of the program. Of course, families with multiple children in daycare or after-school care can have an even…

Lawsuit Claims Heated Custody Battle Led Manhattan Prosecutor to Set Up Husband’s Arrest

Parental alienation is a destructive weapon in a custody dispute. A mother or father who tries to turn their child against their former partner can inflict serious harm, such as emotional wounds and even tattered parent-child relationships. However, a lawsuit alleges that a vengeful mother went even farther, using her position in the criminal justice system to destroy the father…

If Your Marriage Has Reached the “Silent Divorce” Stage, it Might Be Time for the Real Thing

No two marriages are exactly alike, and one person’s idea of a troubled relationship could be wedded bliss from someone else’s perspective. However, for some couples, marital bonds quietly erode over time, leading to what some experts call a “silent divorce.” In these situations, there might not be a dramatic event, such as an affair, that comes between the spouses.…

Law Professor Warns of Dangers Associated with 50/50 Parenting Time Presumption

For many people, shared custody sounds like an ideal arrangement when parents divorce. Some states have even enacted laws declaring that judges must start their analysis with a presumption that child custody will be split 50/50. While New York has not adopted this type of measure yet, it is a common assumption that dividing parenting time equally is in the…

Research Shows that Job Loss Makes Divorce More Likely

With widespread layoffs again in the news, many Americans are realizing how many negative consequences are associated with losing a job. Of course, the most immediate effect is the income loss that can inflict immense financial strain on a household even when a fired worker receives severance pay and unemployment benefits. A termination can also be emotionally devastating as people…

Survey of Women Finds Link Between Midlife Physical Changes and Divorce

There’s no end to the potential reasons that might lead someone to seek a divorce. Infidelity, financial woes and plain old boredom are linked to many marital breakups. A recent survey, combined with analysis from experts, indicates that even natural physical changes can influence someone to end their marriage.  Increased attention on the rise in divorce rates among spouses 50…

NYS Top Court Holds Funds Paid to Secure Pension Credits for Premarital Military Service Make Benefits Part of Marital Estate

When a couple decides to divorce and their marital estate must be divided between them, a threshold issue is determining which assets qualify as separate property and which must be allocated among the parties. Often, this is a fairly simple analysis. Property owned by an individual prior to the marriage usually stays with that person once the divorce is finalized.…