If a parent is looking to modify an existing Custody Order, he or she should petition the Family Court for permission to modify that order. This also works if a parent is looking to modify the terms set forth in a Divorce or Separation Agreement. Download Our Free Divorce Guide This informational blog post was […]
Category Archives: Family Law
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 […]
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 […]
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 […]
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 […]
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 […]
If you have a Child Support order in New York State that was issued by Supreme or Family Court, it is possible that you can modify that order. You may have a Supreme Court judgment of Divorce that encompasses Child Support, or it says that future issues pertaining to Support modification or enforcement may be […]
If a parent is looking to relocate, that person should petition the Family Court to seek permission to do so. Sole Custody may be a factor which strongly supports the possibility that the court will grant permission to relocate. Having Sole Custody of a child does not, in and of itself, give that parent permission […]
In New York State, there are a number of mandatory add-ons to Child Support. In addition to the basic Child Support Payment that is paid each month by the non-custodial parent to the custodial parent, there are additional expenses that must be paid. Those expenses include Non-Reimbursed Medical and Dental Expenses. In the first instance, […]
If your spouse resides in another state, you may not be able to file for Child Support in New York State. That will depends upon whether or not your spouse resided in New York State, prior to moving away. It may also depend upon if your spouse abandoned you and the children in New York […]