Monthly Archives: July 2015

The Divorce Mediation Process

I usually describe Divorce Mediation in New York as forward-looking and solution-setting, whereas Divorce Litigation is backwards-looking. There are numerous mediators in New York State, and they can assist you in obtaining a less contentious Divorce that you can obtain through the Litigation process. It is advisable that you speak with an Attorney at an […]

Handling a Home Owned Prior to Marriage in a Divorce Case

If you owned your home before Marriage, it is possible that you are going to retain that home as your separate property after Divorce. It will depend on how the title was held to the property during the marriage. If you transferred title to your spouse, the court might determine that you gifted all or […]

Is a Divorce Lawyer Necessary?

Question: I haven’t seen my ex husband in 20 years, and I don’t even know where to start looking for him.  I’m 50 years old with health issues and I don’t want to have his last name any more. Download Our Free Divorce Guide Answer: f you file for divorce, you have to have your husband […]

Grandparent Custody Rights

Question: I have had custody of my granddaughter for 4 1/2 years and my daughter has done nothing in all those years to try to get her back.  She visits twice a week, most weeks she never calls for the visits and the courts set all of this up.  Now she’s taking us to court […]

Paying for Extracurricular Activities with Child Support

In New York State, there are a number of mandatory add-ons to the Child Support payment made by the non-custodial parent. Those mandatory add-ons do not include extracurricular expenses. The mandatory add-ons are health insurance premiums, un-reimbursed medical and dental expenses, and day care expenses. Some families have significant additional expenses for extracurricular activities for […]

New York State Child Support Calculation

Child Support in New York State is calculated pursuant to the Child Support Standards Act. This is a statute that was originally passed in 1989 that has had many modifications ever since. The underlying impedes behind that statute dictates from the Federal Government. Child Support in New York is based upon a percentage of income. […]

Arguing the CSSA NY Amendment

Question: My divorce trial which included Child Support ended on August 24, 2010 but was not signed and entered until November 10, 2010. Since the law was not in effect on August 24, 2010 I had no knowledge of the new law or that we had the ability to opt out of the added reasons […]

Contesting a Relocation

Question: My current order (out of NY) allows me to move 500 miles from the town my son’s father lives in, which is not in NYS. He has moved out of state. I want to move further than 500 miles, and he said the only way he will let me go is if I reduce […]