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 […]
Author Archives: Jean M. Mahserjian, Esq.
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 […]
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 […]
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 […]
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 […]
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 […]
A Divorce can be obtained quite quickly in New York State if it is an Amicable Divorce. If you have an Amicable or an Uncontested Divorce, we can prepare your agreement in 2-3 weeks. We can then have the paperwork prepared and filed in court within the next month. You will have to wait for […]
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 […]
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 […]
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 […]
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 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 […]