A dependent spouse in a divorce action is generally entitled to temporary spousal maintenance, also called pendente lite alimony. However, since New York State reformed its alimony laws, courts have been asked to give greater scrutiny to how much alimony is awarded and for how long. Traditionally, temporary spousal support has run until the court issued a final divorce decree…
If your ex is a foreign national who now has joint custody or visitation with your child, you may have serious concerns that he or she could flee the country with your child. Once that happens, recovering your child is a complex and expensive process. You get little help from the U.S. State Department, and the Hague Abduction Convention is…
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…
If you are a dependent spouse in an irretrievably broken marriage, you may feel like you’re being held hostage. How can you file for divorce, let alone litigate a contentious fight over property and custody, when your spouse controls the finances? Fortunately, there is a way for you to get temporary alimony, known in New York law as pendente lite…
In the last 20 years I have noticed trends in divorce cases as well as “red flags” that have led happily married couples to become unhappy, and ultimately move towards divorce. One of these trends, or behaviors, is fitness and exercise routines that are not shared in common between married couples. It stands to logic that married couples whom do…
Originally, Alimony Laws were to eradicate financial inequities suffered by divorcing women. Since then, alimony has turned into maintenance and maintenance has various factors which determine as spouse’s eligibility; the amount of maintenance and the duration. On June 24th, 2015 the United States Senate passed a bill which was a “sweeping revision” to the Domestic Relations Law of New York…
For many, prenuptial agreements may seem like only something that celebrities choose to enter into to protect their wealth. However, prenuptial agreements offer concrete benefits to many couples, regardless of their financial status. The following are several reasons why couples opt to take this route: Gives you control: With a prenuptial agreement in place, you can rest easy knowing exactly…
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…