Recent Blog Posts
Can a Parent Take a Child Out of the Country Without the Other Parent’s Permission in New York?
Traveling abroad with children can be more difficult when your family is separated or divorced. A parent may want to take their child on vacation in Europe, visit relatives abroad, or travel during the holidays. However, the question becomes: does the parent need their co-parent’s consent before taking the child to another country? The… Read More »
Your Phone as a Witness: Can Text Messages and Voicemails Prove Domestic Violence in New York?
Many New York domestic violence cases no longer begin with a police report. They begin with a screen. A threatening text sent at 2 a.m., forty messages in a single evening, a voicemail that starts calm and ends in shouting. For someone seeking an order of protection, or someone defending against one, the question… Read More »
What Happens to a Joint Tax Refund During a New York Divorce?
Questions emerge during tax season for couples who are separated or divorcing. For instance, what should the couple do if they file a joint tax return and receive a significant refund? Does the spouse whose account the refund is deposited in get to keep the entire thing? Like other financial concerns that might come… Read More »
Collaborative Divorce in Westchester County: What You Give Up, and What You Gain
Most people picture divorce as a contest. Two lawyers, two sets of experts, and a judge who eventually decides who gets what. Collaborative divorce starts from a different premise: that two spouses, each with their own attorney, can build a settlement at a conference table instead of fighting over one in a courtroom. For… Read More »
What Happens to a Personal Injury Settlement in a New York Divorce?
How property is divided is among the most complex aspects of a New York divorce. Assets such as property, retirement savings, investments, and others acquired during the marriage constitute marital property and fall under the rule of equitable distribution. However, how do you handle money that was gained through a personal injury lawsuit? In… Read More »
Who Pays a Child’s Health Insurance and Uninsured Medical Expenses After a New York Divorce?
Child support is more than just monthly support one parent gives to another. In addition to health insurance, children may also have medical expenses that are not covered by the policy. In a New York State divorce, the court decides which parent should cover the child’s medical expenses and how reasonable medical costs should… Read More »
What Happens When a Teenager Refuses Visitation in New York?
Visitation and custody agreements can become more difficult to manage as your children age. An agreement that worked well for an 8-year-old can become much harder to manage when the child turns 15 or 16 and refuses to spend time with one parent. The question then becomes, “What does a teenager do in a… Read More »
Can a Parent Be Held in Contempt for Repeatedly Violating a New York Custody Order?
A New York custody arrangement is not just a suggestion about how to divide your time with your child. Once a judge decides on custody and visitation, both parties should follow those guidelines. However, if one party does not cooperate, the other parent may have legal options. These can include charging the non-compliant party… Read More »
Can a New York Court Impute Income to a Parent Who Is Voluntarily Unemployed or Underemployed?
In New York State, a child support payment is usually based on the parents’ income. However, what happens if one parent voluntarily gives up a high-paying job, works fewer hours, or takes a lower-paying job? Parents cannot evade their child support obligation by lowering their income. In New York, judges can impute income, meaning… Read More »
Can You Appeal a Child Custody Decision in New York?
A child custody decision can significantly affect the lives of both the parents and the children involved. If one of the parties thinks that there was a grave mistake committed by the courts in determining child custody or visitation issues, they are entitled to file an appeal. Nevertheless, it must be noted that the… Read More »