Recent Blog Posts
How the New York Courts Decide Custody and Relocation Cases
Divorced or separated parents who want to move with a child must petition the courts before they do so. The New York Court of Appeals addressed the matter in the Matter of Tropea v. Tropea. This landmark decision reshaped how our courts evaluate custody modification and relocation requests. In this article, the Westchester County,… Read More »
New York Court Addresses Downward Modification of Child Support Order
There are three grounds for child support modification in New York: Substantial change in circumstances – Either parent can request a modification (upward or downward) if there’s a significant unforeseen change since the original order. At least three years have passed since the original order or last modification – In that case, a parent… Read More »
New York Court Addresses the Revisiting of a Child Custody Order
You can revisit a child custody order in the State of New York, but you need to show that your circumstances have changed significantly, or the courts will refuse to hear your case. That’s precisely what happened in the case of Lubrico v. Lubrico, 213 A.D.3d 666 (2d Dep’t 2023). In this article, the… Read More »
New York Case Discusses Relocating with a Child
One of the most hotly contested issues is when a New York parent wants to move to another state or county with a minor child. New York courts must balance parental rights against the best interests of the child. In Tropea v. Tropea, the New York Court of Appeals provided a definitive framework and… Read More »
New York Court Addresses Standards for Modifying Child Support Payments
Are you looking to modify a child support order? It may be more difficult than you think. Child support orders in New York must balance the terms of parental agreements with the evolving needs of children. One of the more important cases in New York surrounding child support payments is Brescia v. Fitts. In… Read More »
What is a “No Signature Required” Divorce in New York State?
In New York State, we have something called a “no signature required” divorce or a default divorce, which occurs when one spouse initiates divorce proceedings and the other spouse fails to respond to the Summons and Complaint within the legally required timeframe. The divorce is, thus, allowed to proceed without the other spouse’s signature,… Read More »
What is a Conversion Divorce in New York State?
In the State of New York, a conversion divorce is a divorce that’s been converted from a legal separation into a divorce. It basically allows you to convert a formal legal separation into a full-fledged divorce (either through a separation agreement or a judgment of separation). The result is a final divorce judgment, provided… Read More »
How Can I Get Sole Custody of the Children in New York State?
If you’re a parent who is seeking sole custody of your children, it’s important to know that New York State generally prefers joint custody agreements where both parents are involved in the child’s life. Generally speaking, you must be able to provide the court with strong evidence that the child would not benefit from… Read More »
Do I Need the Court’s Permission to Relocate with My Child?
If you have an existing custody order or written agreement which places restrictions on the ability to relocate, you will either need the other parent’s consent or the court’s permission to relocate with your child. Relocating without the court’s permission or in violation of court order can have both civil and criminal implications. In… Read More »
How is Property Divided in a New York Divorce?
To understand how property is divided in a New York divorce, you must first understand the concept of marital versus separate property. Under New York law, marital property includes any assets or debts that were acquired by either spouse during the marriage. It doesn’t matter whose name is on the title. This likely includes… Read More »