Recent Blog Posts
The New York Courts Address a Contested Custody Case
In New York, contested custody issues can be decided by the courts. In all cases, the courts will decide the matter on the basis of the best interests of the child. In this article, the Westchester County, NY, child custody attorneys at the Law Office of Robert S. Sunshine will discuss a real New… Read More »
Attorney’s Fees in New York Divorce Cases
In some cases, the court can order one party to pay the other’s legal fees. This happens rarely, but it does happen. Essentially, the court must establish that one party has a need and the other party has the ability to pay. In this article, the Rockland County family law attorneys at the Law… Read More »
Contested Alimony Awards in New York Divorce Cases
One of the most disputed issues in New York divorce cases is spousal maintenance, which is more commonly referred to as alimony. In cases where there is a lack of agreement on whether a spouse is entitled to spousal maintenance, how much they should receive, and for how long, it is up to the… Read More »
Contested Child Support Determinations in New York
Child support is one of the most commonly litigated issues in New York’s Family Court. Even in cases where custody and parenting time issues have been agreed upon, child support calculations, caps, and imputed income can lead to contested hearings and appeals. The most recent appellate decision demonstrates how New York courts review contested… Read More »
When Divorce Does Not Mean an Equal Split: How New York Courts Handle Uneven Property Division
Many individuals involved in divorce presume that marital assets will simply be divided evenly. This is not true for New York State. Instead, an equitable distribution applies. This means that assets from a marriage will be divided in a manner that is equitable to both parties. An example of an unequal division of the… Read More »
When Custody Becomes Contested: How New York Courts Decide What Is Best for a Child
Custody battles are never simple, especially in instances where there are irreconcilable differences between the two parents regarding child-rearing practices. Ultimately, under New York law, in all cases regarding custody, there is one overriding consideration: What is in the best interests of the child? Recent proceedings in a contested custody battle heard by New… Read More »
When Joint Custody Breaks Down: What a New York Contested Custody Appeal Teaches Parents
Custody disputes are among the most stressful events a parent can encounter in family court. It can become impossible to effectively communicate with the other parent. Joint custody is not always a viable solution once communication no longer occurs. The court is frequently called upon to make a determination in a custody agreement that… Read More »
When Fair Does Not Mean Equal: Uneven Division of Marital Assets in New York Divorce
One of the biggest myths surrounding divorce is that marital property is always split 50/50. In New York, an equitable distribution state, that is simply not the case. The standard that is applied during divorce is that the outcome should be fair to both parties. Fair does not necessarily mean equal. In this article,… Read More »
When Evidence and Credibility Matter in New York Orders of Protection
An order of protection is a powerful legal tool that can restrict where someone lives, who they can contact, and how they interact with their own family. Since the consequences are quite serious, courts must base their decisions on solid evidence. They cannot simply assume that the petitioner is telling the truth or base… Read More »
When a Prenuptial Agreement Is Challenged in New York Divorce Court
While prenuptial agreements are enforceable contracts, in New York, they are not immune from being challenged. In general, courts will enforce prenups even if one party is severely disadvantaged by the outcome. But they must be prepared properly and with full financial disclosure. The slightest issue and the prenup could be tossed. In this… Read More »