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BabyHand

Understanding Paternity by Estoppel in New York

By Robert S. Sunshine, P.C. |

Issues of paternity play an essential role in the process of establishing child custody, visiting rights, and child support in the family courts of New York State. While DNA tests serve as the gold standard in proving parentage, New York family law acknowledges certain scenarios when an individual would be considered a child’s parent… Read More »

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Spousal maintenance

When Can Spousal Maintenance Be Modified in New York?

By Robert S. Sunshine, P.C. |

Spousal maintenance, once called alimony, tends to be among the most disputed items in any New York State divorce proceeding. While a maintenance order ensures that someone receives financial assistance after the breakdown of their marriage, there may be reasons for changing the maintenance order, either by reducing it or ending it altogether. These… Read More »

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MomChildHeart

How New York Courts Decide Child Relocation Disputes

By Robert S. Sunshine, P.C. |

Disputes regarding whether a custodial parent is allowed to move to another location with a minor child are considered some of the most difficult cases in family law. Sometimes, relocating can interfere with the non-custodial parent’s ability to establish a significant connection with the child. In this article, the Rockland County family law attorneys… Read More »

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_Split

Understanding Equitable Distribution in New York Divorce

By Robert S. Sunshine, P.C. |

One of the most contentious topics in a divorce proceeding is how to distribute the couple’s marital property. While other states divide marital property exactly in half, the State of New York uses an approach called equitable distribution, meaning assets are distributed equitably as opposed to evenly. In this article, we’ll discuss a case… Read More »

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FatherChildBike

Applying the “Best Interests of the Child” Standard in New York Custody Cases

By Robert S. Sunshine, P.C. |

Child custody battles tend to be among the most emotionally difficult decisions that need to be made by family court judges. When a couple finds it difficult to decide which parent is better suited for the custody of the child, the court needs to make an appropriate decision in the child’s best interests. In… Read More »

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CourtDecision

How New York Courts Evaluate Spousal Maintenance Awards

By Robert S. Sunshine, P.C. |

Spousal support, better known as “alimony,” is among the most contested issues in a divorce. Spousal support is intended to address financial imbalances between partners and provide financial support to a partner who is economically dependent on their spouse following the termination of the marital union. In this article, we’ll discuss a real New… Read More »

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PaternityLaw

Contested Paternity in New York Family Law Cases

By Robert S. Sunshine, P.C. |

Paternity disputes can be complicated by the fact that there are multiple people claiming to have paternal rights. Even with the use of genetic testing, the New York courts prioritize the stability of the family for the child over biological facts. In this article, we’ll discuss a case where two men claimed to have… Read More »

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MomChild_

False Allegations and Custody Decisions

By Robert S. Sunshine, P.C. |

In child custody cases, the question that the courts ask is: what’s best for the child? In New York, the “best interest of the child” standard reigns supreme. Here, the court examines the conduct, credibility, and ability of each parent to provide stability. In this article, the Westchester County, NY, family law attorneys will… Read More »

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Div_Money_

Equitable Does Not Mean Equal: Uneven Asset Distribution in New York Family Law Cases

By Robert S. Sunshine, P.C. |

In New York family law cases, the courts follow the principle of equitable distribution. This means that the marital estate may not be divided evenly between the two parties. In some cases, the court will award more of the marital estate to one party than the other. In this article, we’ll discuss a New… Read More »

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AlimonySettlement

High-Income Divorce and Spousal Support: How Alimony Works in New York State

By Robert S. Sunshine, P.C. |

In New York divorce cases, there is need for the court to make a just division of financial obligations between spouses who have different earning capacities. Spousal maintenance, also known as alimony, is applicable in these cases. Alimony is generally awarded to the spouse with the lower income and earning potential after the divorce…. Read More »

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