Monthly Archives: September 2017

Shared Pensions and Divorce

Shared Pensions and Divorce

During the distribution of assets portion of a divorce, it should come as no surprise that financial items as well as property will both be divided between the spouses. However, while the money in a bank account can be easily split in half, questions can arise over similar matters such as a 401(k) and pension. […]

Divorce Papers Signed by Judge

Judge Signed Divorce Papers

Can a Judge sign divorce papers after one of the parties has passed for month? Question: My husband walked out years ago. I could not afford a divorce, he recently filed for divorced February 2017. He passed away June 2017 and the Judge signed the divorce papers August 18, 2017. Is this legal? I was […]

Paying for Health Insurance Premiums

Can I be obligated to pay for my ex wife’s new husband for health insurance premiums? Question: My children’s mother and I share joint custody of our children. For the past six years she has carried insurance for our children (she had better insurance) and I have happily paid for half of the additional cost […]

Gifted Property from Another Country

Gifted Property from Another Country

Question: Married for 10 years. We were living in Russia, where my father took mortgage on himself, paid it off and gifted apartment to me. By Russian laws this apartment belongs only to me (as it was gifted specifically to me), its not a common spousal property. After a few years of that we moved to […]

Paying Child Support to a Stepparent

Paying Child Support to a Stepparent

Can the custodial parent move out of the state and leave the children with a step parent? Question: The custodial parent (mother) changed her residents from NYS to Florida, but did not bring the children. She left them in NYS with the step father, the paternal father was never notified of this, and paid child […]

Are a Live-In Partner’s Wages Included in Support Calculations?

Are a Live-In Partner's Wages Included in Support Calculations

Is income of live-in partner used in calculations for child support? Question: Ex filed petition for modification of child support. He convinced 18 yr old to live w/ him.He wants to recalculate w/ each of us having 1 of our children. He’s asking that my 18 yrs of part time salary now be imputed to […]

Prenuptial Agreements in New York

Prenuptial Agreements in New York

Congratulations on the engagement! The weeks and months leading up to your wedding will be as joyous as they will be nerve-wracking, but every day brings you one step closer to what may very well be one of the happiest days of your life. Amid the pre-marital bliss, you and your fiancé or fiancée will […]

Imputed Salary for Child Support

Imputed Salary for Child Support

Will salary be imputed if I worked 70% for 16 years pre-divorce & have negotiated contractual Agreement? Question: I’ve worked a 70% schedule since 1st of 2 children was born 18 yrs ago. Ex & I (w/ representation), voluntarily signed negotiated contractual Separation Agreement incorporated (not merged) into Divorce Judgement 1.5 yrs ago. For child […]

Petitioning for More Child Support

Petitioning for More Child Support

Am I able to petition for more child support if ex has more children with new spouse? Question: I want to take my ex back to court to modify the support order. EX makes a significant amount more money now I’m guessing at least 15k more and it’s been more than 3 years since the […]