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…
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…