Yearly Archives: 2015

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 […]

Paying for Spousal Maintenance

A concern for many spouses, whether you’re the moneyed or less-moneyed spouse, is: how long do I have to pay or can I receive maintenance? There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is paid during the course of an action. Post-divorce maintenance is awarded by a court in the determination, as […]

Arranging a New York State Divorce

How you prepare for Divorce in New York State depends upon the type of Divorce that you are going to have. Is it amicable, contentious, or high conflict? In any type of Divorce, we need a full outline of your financial situation. We are going to need tax returns and credit card statements. A statement […]

Medical Decisions for My Child

Question: I am the non custodial parent with joint legal custody. Can the custodial parent have the child be seen by a psychiatrist without my consent?  My ex has had the child see over 7 therapists in the past few years and is showing signs of stress because of it. I have voiced my concern […]

Taking Care of Your Inheritance Upon Divorce

Taking Care of Your Inheritance Upon Divorce If you receive an inheritance during your marriage, it may be your separate property. It will depend on how you held that inheritance after you received it. If it was a cash inheritance that you kept in a separate account under your name, and you did not deposit […]

Altering Your Life Insurance Beneficiary

Once an action for Divorce is commenced in New York, there are temporary orders put into place that prohibit conduct on the part of both parties. The conduct that is prohibited includes modifying a Life Insurance policy, such as changing the beneficiaries, modifying Health Insurance, or selling certain assets. If you’ve commenced an action for […]

Getting My Child Back with Full Custody

Question: My ex-husband and I have joint custody of our 12 year old son. I live in Virginia and my ex husband lives in Upstate NY. We’ve always maintained joint custody with myself as the primary custodian. Last year my son wanted to live up in NY with his dad which I had no problem […]

Moving Out of New York State

Question: My husband and I are thinking about moving out of state with our three children.  My oldest has a different father and we all live in NY state.  We both have joint custody with having residential custody, myself. Download Our Free Divorce Guide I would like to go to school in the state where we are […]

Submitting the Proper Tax Return Form the Year You Get Divorced

A lot of people are concerned with the tax consequences of being Divorced, and whether or not they can file their tax returns jointly, as of the judgment of Divorce. The short answer to the question is that two people who are not Divorced yet, as of the end of the tax year, can still […]