Category Archives: Family
What are the Different Types of Alimony in New York State?
Alimony is a regular payment that one spouse makes to the other either during the divorce proceedings or after the divorce has been finalized. In New York, alimony payments that are made while a couple is divorcing are referred to as spousal support. Alimony payments that are made after the divorce has been finalized… Read More »
Key Differences Between Contested and Uncontested Divorces in New York State
Divorce can be divided into two categories: Contested divorce and uncontested divorce. Understanding the differences between these types of divorce can help you make decisions related to your own divorce process. Essentially, if a couple can agree on all matters related to their divorce, they can proceed with an uncontested divorce. If the couple… Read More »
What is a Qualified Domestic Relations Order in a New York Divorce?
When you divorce, all property that was acquired during the marriage is split between the spouses in an equitable manner. This includes retirement accounts that have accrued value during the marriage. Of course, you can’t raid a retirement account without facing penalties, so how does the retirement account get divided during the divorce? The… Read More »
Understanding the Factors Related to Equitable Distribution in New York
When it comes to dividing the marital estate during a divorce, there are two different types of states: Equitable distribution states and community property states. In community property states, the marital estate is divided 50/50 between the two parties without consideration of their individual needs. New York is an equitable distribution state. That means… Read More »
Parental Alienation: What is it and How Do the Courts Respond?
Parental alienation is when one parent attempts to turn the children against the other parent without a justified cause. The New York family law courts consider it harmful to the children. The courts can use parental alienation as the basis for determining issues related to child custody and whether or not child support should… Read More »
How Parental Gatekeeping Can Impact Your Child Custody Case
Parental gatekeeping describes a situation in which the custodial parent unilaterally decides to block or restrict the children’s access to the other parent. Parental gatekeeping can appear in many forms. These range from one parent attempting to shield the child from real harm to other forms of more insidious gatekeeping that involve parental alienation…. Read More »
Grandparents’ Rights in New York State
New York allows grandparents limited rights to visitation. Generally speaking, the right of a grandparent to visit with a child depends entirely on whether or not one or both of the child’s parents have died. Otherwise, there is no statutory right to visitation in New York State if both of the child’s parents are… Read More »
When Do the New York Courts Award Sole Custody of the Child
If you’re in a heated custody battle, you may be concerned about losing custody of your children. The New York courts default on the presumption that having both parents in the child’s life is in the best interests of the children. The best interests of the child standard is used to decide all custody… Read More »
How Does Legal Separation Differ From Divorce in New York?
Unlike some states, New York provides for legal separation agreements that allow you to separate without getting divorce. This is similar to divorce, but not quite the same. It’s available for spouses who aren’t certain they want to divorce, but need a change of scenery, at least for the short-term. Legal separation agreements can… Read More »
In New York, Child Support Can be Extended till the Age of 26
Child support fills a valuable purpose in New York State. It ensures that both parents fulfill their financial obligations toward their children. The general rule is that the parent who has residential custody of the child is entitled to recover child support from the non-custodial parent. This parent pays child support on a monthly… Read More »