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…
Minor children under the age of 18 years old are afforded certain rights to protect their best interests as they grow up. It is important that divorcing parents understand the legal rights of their children so that they can report any violations to their attorney or local authorities. The following are several key legal rights of kids: Right to proper…
In certain situations, parents may try to regain control of child custody situations by suddenly moving with their children across state lines. These parents are typically hoping that the new state will rule in their favor — although federal law makes it a crime to relocate children without the knowledge of all parents and guardians. When a parent illegally relocates…
When a former spouse or partner wants to relocate with your children, it can have a significant effect on your entire family. No matter the reason for the move, divorced parents must follow certain guidelines set forth by the state and through the couple’s divorce agreement. Providing notice Custodial parents cannot relocate with children without first providing written notice to…
Visitation terms are included in divorce settlements so that noncustodial parents have a legal right to spend time with their children. It is important to know that visitation terms are court orders that must be upheld. If your visitation rights are being violated, consider the following suggestions: Keep track: Maintain a written account of each time your visitation rights are…
If your financial situation has changed since your divorce was finalized and you can no longer make the same financial contributions as earlier, you may need to modify the terms of your alimony agreement. It is possible for alimony amounts to be changed, although it may require substantial evidence in support of your claim. Reasons for changing alimony payments In…