Monthly Archives: March 2016

Albany Child Custody Attorney Discusses an Agreement Without Going to Court

Albany Child Custody Attorney Jean Mahserjian

Question: I am 35 weeks pregnant and me and the father are not together or living together. He wants to be part of his child’s life and help financially but he does not want to legally pay child support. We broke up due to him wanting me to originally terminate the pregnancy and me refusing […]

Saratoga Child Custody Attorney Discusses Standard Custodial Schedules

Standard Custodial Schedule for a Non-Custodial Parent

People often ask me as a Saratoga Child Custody Attorney what the standard schedule is for a non-custodial parent. It is important for everyone to understand that family and matrimonial law is not one size fits all. While there are several schedules that have been glamorized for a non-custodial parent such as the alternate weekend schedule, […]

Saratoga Child Custody Lawyer Discusses Disagreeing on a New School

Saratoga Child Custody Lawyer

Question: My divorce and child custody agreement was handled in Saratoga County, NY. My ex has primary physical custody of our son; we have joint legal custody, including equal say for all educational decisions. The custody agreement also says that my residence determines his school district. Download Our Free Divorce Guide My son has special […]

Albany Child Support Attorney Discusses Whether the Other Children Receive More

Saratoga Family Law Attorney

Question: My ex-Boyfriend has a child support agreement in Colorado for his 3 kids. We moved, together with our daughter to Albany and now we are broken up for good. He already has an agreement in Colorado, which he hasn’t been paying at all and has a suspended license. He hasn’t transferred his case to NY. […]

Albany Divorce Lawyer Explains if Winning a Settlement is Joint Marital Property?

Is My Settlement Joint Marital Property

I have often been asked as a Albany Divorce Lawyer if winning personal injury settlement money is considered joint marital property. In New York, a personal injury settlement is considered separate property, which means it is not marital and is not subject to equitable distribution. I advise clients as a Albany Divorce Lawyer that you want to […]

Saratoga Child Custody Lawyer Discusses Temporary Custody

Saratoga Child Custody Lawyer

Question: I’m looking for advice in obtaining temporary custody while things are worked out in court. I have joint legal custody with visitation on weekends. Mother chooses to work in a barroom from 6:00 pm to between 11:00 and 1:00 am. Instead of coming home to her Children she chooses to spend her time doing […]

Albany Divorce Attorney Discusses the Correct Way to Prepare a Prenup

Albany Divorce Attorney

Question: I would like to know about the prenuptial agreement process and it’s general possible terms. I have had bad experience in the past marrying without it and getting ripped off. So now when I get married I want to have an agreement and reserve my assets and income as non-marital. I am new to […]

Saratoga Family Law Attorney Discusses Limiting College Expenses

Saratoga Family Law Attorney

I often speak to clients as a Saratoga Family Law Attorney during divorce proceeding in regards to limiting a child’s college expense costs.  When parents are negotiating their settlement agreement, they  discuss their financial obligations to their children. This will include college expenses. Whether that child is young or old, it is something most parents will […]

Saratoga Child Support Lawyer Discusses Child Support If You Become Full Custody Holder

Stop Paying Child Support if You Become the Full Custody Holder

I was recently asked as a Saratoga Child Support Lawyer about how to stop paying child support if you become the full custody holder. If primary custody of your child changes, the best thing to do would be petition the family court to terminate your order of support. If your existing order of support is […]

Saratoga Child Support Lawyer Discusses Calculation by Age

Saratoga Child Support Lawyer

Question: I filed for divorce when one of my children was 17. The divorce is not final yet and that child is now 18. I have been informed by the Ad Litem attorney that the 18 year old is not “subject to the matrimonial action”. I live in NY where emancipation age for child support […]

Saratoga Family Law Attorney Discusses Your Ex Not Paying Support or Maintenance

Not Paying Support or Maintenance

One question that I often get as a Saratoga Family Law Attorney quite often is, “What happens if my spouse is not paying child support and/or spousal maintenance under the current agreement?” My answer is always to come and see us. We can definitely help you out with this.   I advise clients as a Saratoga Family […]

Saratoga Child Support Lawyer Discusses Claiming the Kids On Your Tax Return

I am often asked as a Saratoga Child Support Lawyer about claiming the children on your taxes if you pay full child support.  If your spouse has primary custody of the children and you are paying full child support, it does not mean that you are able to take the children as dependents on your […]