Yearly Archives: 2015

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 […]

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 […]