Monthly Archives: November 2015

Albany Family Law Attorney Discusses Spousal Maintenance

As an experienced Albany Family Law Attorney I am often asked about the process of Spousal Support.  In New York State, there are two types of Spousal Maintenance. There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is the spousal support that you receive while in action for divorces on-going. Spousal maintenance is […]

Saratoga Child Custody Lawyer Discusses The Importance of Joint and Sole Custody

A common question I get as a Saratoga Child Custody Lawyer  is what is the difference between joint and sole custody? There are two types of custody that are relevant in every case. There is legal custody, and there is physical custody. Legal custody is decision-making authority for a child, and physical custody is where […]

Albany Divorce Attorney Discusses the Uncontested Divorce Process

Uncontested Divorce Attorney

I often get questions from clients as a Albany Divorce Attorney about going through an Uncontested Divorce.  If you and your spouse agree upon all the issues that must be divided in your Divorce, you can obtain an Uncontested Divorce. To obtain an Uncontested Divorce, you must have a written agreement on all of the […]

Saratoga Child Support Attorney Discusses Add-On Expenses

Divorce Agreement

Question: If a stipulated child support agreement will include pro-rata sharing of unreimbursed children’s medical expenses, is mileage to/from doctor considered an unreimbursed medical expense? Using, for example, federal rates as noted in IRA instructions. the monied spouse says “no”; the custodial parent thinks “yes”. The agreement is still under negotiation. If so, would the […]

Albany Child Custody Lawyer Discusses Asking for Primary Custody

primary custody

Question: My ex and I have 50/50 of our 3 yr old.  The issue is my ex can not take care of our daughter (we have 1week with me then next with her dad).  My ex missed another doctor’s appointment for her (second time in 2 months) and he never took her to the doctor on […]

Albany Family Law Attorney Discusses an Order of Protection Infraction

I frequently hear from clients as a Albany Family Law Attorney about having an order of protection violated in a family law matter.  If someone violates an Order of Protection against you, you need to immediately call the police. In addition, if you have a Albany Family Law Attorney, you need to call him or […]

Albany Family Law Attorney Discusses a Spousal Maintenance Extension

Alimony extension

Question: I’m already divorced and I’ve been collecting alimony/spousal support. It ends in February 2016.  Can I get a extension on my alimony? Because I’m not able to work and I’ve been waiting on disability. Download Our Free Divorce Guide Answer: I have advised clients as an Albany Family Law Attorney that it is possible to modify […]

Saratoga Child Custody Lawyer Discusses Your Spouse Giving the Kids Away for Adoption

Spouse Gave the Kids Up for Adoption

Question: My ex disappeared with my kids in the late 80s. I received a court order to pay back child support to her earlier this year. Just a few days ago, 2 of my children showed up at my door with questions about why we gave them up for adoption. I learned they were in […]

Saratoga Divorce Lawyer Discusses Options While Waiting for Divorce to be Filed

Question: I have a lawyer who I have paid to file a divorce for me.   At this time, I have no notice they have.  I don’t have money to get another lawyer, and I think that my county (Schenectady) has offerings for lawyers for those who don’t have the income to pay for them.   I […]

Albany Divorce Attorney Discusses the Difficulty of the Uncontested Divorce Process

uncontested divorce

Question: I’ve been married for 17 yrs and my husband has an issue with seeking emotional comfort elsewhere.  We have a 10 year old and I don’t want her to be dragged into a nasty divorce.  I just want out…he can have the house etc….I don’t want anything from him.  How difficult is the process […]

Saratoga Child Support Lawyer Discusses Grounds to File a Petition of Violation

file a petition of violation

Question: My ex is delinquent in child support.  He keeps going against the agreements in our divorce and purposely goes out of his way to cause me stress and anxiety.  His harassing behavior and malice have caused me extreme stress and fear. He had a restraining order recently changed to an ACOD but he does […]

Albany Divorce Lawyer Discusses Selling Your Home During a Divorce

Selling Your Home During Divorce

I am often asked as a Albany Divorce Lawyer what to do in regards to selling or keeping the home during a divorce proceeding.  The marital residence is often, but not always, the largest asset held by the parties. If one party expresses a desire to maintain and retain the house, we have to determine […]