Monthly Archives: June 2015

Family Court Order

Question: I received a Family Court Order in 2009, ordering me to pay child support until my daughter is 21.  I also am responsible for paying her out of pocket medical expenses, for which I’ve been doing, but only recently because the custodial parent has only recently sent me bills. The other day, I got bills […]

Determining Child Support if a Parent Works Off the Books

It is not uncommon for us to confront a case where one of the parents is working off the books. Those cases can be difficult for us, in the sense that we have to establish what that income is for the court to assess Child Support. If the parent has a standard of living that […]

My Divorce Attorney Withheld Marital Assets

Question: He negotiated the division of retirement assets without giving me full disclosure of all retirement plans that my ex husband had from 35 years as a corporate executive. It is a complicated case and I need an attorney that can handle divorce and possibly corporate fraud. Download Our Free Divorce Guide Answer: Did you […]

Will I Lose My Rights to My Jointly Owned Home If I Leave?

Question: We are in the process of getting a divorce, will I loose my rights to our house if I decide to leave? Download Our Free Divorce Guide Answer: You will not lose your economic rights in your home if you leave your home while you are obtaining a divorce. If you move to another […]

Calculating Child Support in a Shared Custody Situation

We have a number of cases where our client shares custody with the other parent. By sharing custody, the parties have an equal schedule with the children. Under the current New York State Child Support Statute, there is not statutory framework for how child support will be paid. In fact, the New York Court of […]

Paying for Day Care with Child Support

In New York State, there are a number of add-ons to Child Support. Mandatory add-ons include day care expenses. Often, the custodial parent makes arrangement for the provision of day care for the children, and each party pays a percentage of that day care expense each week or month. The proportion paid by each parent […]

Can My Spouse Move Out of State with Our Daughter Without Consent if Custody is Shared?

Question: We got divorced two years ago by mutual agreement. We did our documents through “we the people” and chose to do the visits with my oldest daughter and our younger daughter one week with him and one with me. We stayed here in Schenectady to make it easier for us to keep that schedule […]

Does Child Support Automatically Stop When My Daughter Turns 21?

Question: My daughter turns 21 on August 10th and I am simply wondering if I need to file any paperwork in regards to the payments automatically taken out of my paycheck through the SCU. Download Our Free Divorce Guide Answer: Wage deduction does not always end automatically when a child turns 21. In addition, there […]

How Do We Calculate Child Support?

Question: Father lives in Texas with one of the 3 children, and Mom Lives in Albany New York with 2 of the 3 children. All kids born in Texas, but Texas has a continuance Jurisdiction Divorce decree that has a Geographical restriction for the mother to live either in Texas or NY.  Mom Moved to […]

The Length of Child Support in New York State

Under the Child Support Standards Act of New York State, the age of emancipation is 21. Child Support runs until the age of 21, unless a child emancipates themselves sooner. That can occur in a number of ways, which include leaving a parent’s home, obtaining their own housing, starting their own family, or joining the […]