Supreme Court as well as the Family Court in the State of New York gives great deference and weight to the opinion of children. As the children age, their opinion is given more weight. Most often any child over the age of 5 is given an attorney by the Court (Attorney for the Child “AFC”). That person will be telling…
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…
When a couple enters a divorce in New York, state law requires that all property and debts get divided in a way that’s fair to both parties. To determine what is fair (or equitable) when it comes to the legal distribution of property, the court takes several factors into consideration. With the help of attorneys, members of a couple can…
In the last few years, there is a 60% increase in divorces in January in the month of December. January 4th is usually listed as “divorce day” when in truth, February 16th seem to be the true “D-day” or divorce day in any given year. This year should be different because of the new maintenance and (alimony) laws that will…
Although many people use the words “divorce” and “separation” interchangeably, these terms actually refer to two very different legal options. Understanding the impact that separation and divorce will have on your marriage can empower you to make the right choice for your relationship and, if applicable, your children. Couples filing for separation When couples enter into a separation agreement, they…
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.…
If you are a parent who is about to enter into a divorce, child support will most likely factor into your proceedings. Having a working knowledge of information pertaining to child support will help you set and achieve settlement goals with the assistance of your attorney. Understanding child support fundamentals Child support is paid by one parent to another parent…
Fifty – fifty custody. Why doesn’t it make dollars and cents? The trends towards joint shared parenting are spiking. Since 1994 we have seen over 25 years worth of increased fathers right’s and a push towards joint-shared parenting. In fact, Westchester, Yonkers, and some of Manhattan now pre-suppose that there will be joint shared parenting as a starting point. Nassau…
A great Nassau County Judge once stated; “There are three issues in every divorce: Money; Money; and Money.” -Nassau County Judge, November 2015 Many people will think that a divorce lawyer should be aggressive; others think compassionate; many think it’s a job that involves hand-holding or therapy. Nonsense. In the State of New York (specifically in Long Island) the high…
Unmarried parents who end a relationship may be faced with certain challenges that do not apply to married couples. If you are an unmarried father, it is important to know the rules surrounding child support and custody so that you can effectively protect your rights. When a child is born to unmarried parents, the state typically grants full custody to…