Recent Blog Posts
The Principle of Comity in New York State Marriages
In New York family law, questions concerning marriage recognition often arise when couples relocate to New York after marrying elsewhere. The landmark Court of Appeals decision in Godfrey v. Spano reaffirmed New York’s long-standing commitment to comity—the principle that the state generally recognizes the validity of marriages that took place in other states or… Read More »
New York Court Discusses the Modification of Child Support Agreements
New York State doesn’t allow parents to permanently “lock in” a child support amount that doesn’t meet the child’s needs. The Court of Appeals decision in Matter of Brescia v. Fitts remains an important case for when the courts can modify an existing child support order. This case drew a clear line between protecting… Read More »
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 »