After a New York divorce, who gets the children for Thanksgiving usually depends on the custody order, divorce judgment, settlement agreement, or parenting plan already in place. A holiday parenting schedule can take priority over the regular weekly schedule, which means the parent who normally has the children on Thursday or that weekend may not […]
Category Archives: Jean Mahserjian Blog
05
Oct
Oct
Yes, you can generally make a new will while a New York divorce is pending. The more difficult question is what that new will can accomplish before your divorce becomes final. While you remain legally married, your spouse may still have rights under New York estate law. Those rights can include a potential elective share […]
01
Oct
Oct
Digital assets do not simply disappear when you die. Email accounts, cloud files, social media profiles, cryptocurrency, websites, domain names, digital photographs, and online business records may need to be located, preserved, transferred, or closed during estate administration. New York Estates, Powers and Trusts Law Article 13-A provides rules governing fiduciary access to many digital […]
28
Sep
Sep
Summary A new partner can affect child custody in New York when the relationship has a real effect on your child’s safety, stability, care, home environment, or parenting schedule. Dating, cohabitation, or remarriage alone does not automatically change an existing custody order. New York courts focus on the best interests of the child. Depending on […]
24
Sep
Sep
A 529 college savings plan can become a significant financial issue in a New York divorce because the account may contain marital funds even though your child is the named beneficiary. The account owner usually controls the account, including withdrawals, investment choices within plan rules, and beneficiary changes that the plan permits. Your divorce agreement […]
22
Sep
Sep
Private school tuition after a New York divorce is not automatically split 50/50. Start with your divorce judgment, settlement agreement, child support order, custody order, and any later modification. Those documents may already state who pays tuition, how the cost is divided, what expenses count as tuition, and whether both parents must agree before enrollment […]
17
Sep
Sep
Yes. Text messages can be used as evidence in a New York divorce when they are relevant to an issue in the case, can be authenticated, and are not excluded by privilege or another evidentiary rule. Messages can matter in disputes involving finances, child custody, domestic violence, credibility, parenting schedules, or compliance with court orders. […]
15
Sep
Sep
Once a divorce is final, you should review the documents that name a former spouse, control property, authorize financial or medical decisions, or affect your children’s care. For parents in Saratoga, New York, the highest-priority records often include the divorce judgment and settlement agreement, wills, trusts, beneficiary designations, life insurance, retirement plan paperwork, powers of […]
10
Sep
Sep
Before the holiday season becomes crowded with travel, family gatherings, year-end financial decisions, and time away from work, Saratoga families can benefit from reviewing the estate planning documents that would matter during an emergency or after a death. Common problems include outdated wills, beneficiary designations that no longer match the overall plan, missing powers of […]
08
Sep
Sep
Holiday parenting disputes in New York usually start with the existing custody or parenting-time order. If a disagreement reaches court, a judge may review the wording of the order, the child’s best interests, each parent’s past performance, the practical effect of travel and exchanges, and whether the requested change is temporary or calls for a […]
03
Sep
Sep
A major change in your child’s daily routine may support a request to modify a New York custody or parenting-time order when circumstances have changed enough to justify court review and the requested change would serve your child’s best interests. School schedules, transportation demands, childcare needs, medical or therapy appointments, extracurricular activities, relocation, and changes […]
01
Sep
Sep
Fall can change a co-parenting schedule quickly. School-day exchanges replace flexible summer routines, extracurricular activities fill afternoons and weekends, fall holidays can override the regular parenting calendar, and work or childcare arrangements may need to change. Saratoga, New York parents can prepare by reviewing the current custody order, comparing school and activity calendars early, confirming […]
27
Aug
Aug
A child leaving home to attend college does not automatically end child support in New York. As a general rule, parents remain responsible for supporting an unemancipated child until age 21. Living in a dorm or other college housing does not, by itself, make a child financially independent. The amount of support can still become […]
25
Aug
Aug
When fall tuition is approaching and you and your former spouse or co-parent disagree about college costs, start with the exact language of your divorce judgment, settlement agreement, child support order, and any later modification. New York law allows courts, in appropriate cases, to award post-secondary educational expenses after considering the circumstances of the case, […]
20
Aug
Aug
Before the summer travel season ends, review the estate planning documents that could matter if you become ill, injured, unreachable, or unable to handle financial or medical decisions while you are away. A practical review should cover your will, power of attorney, health care proxy, any trust documents, beneficiary designations, and the location of important […]
18
Aug
Aug
August can be a useful decision point if you have spent months considering whether your marriage can continue. In Saratoga, New York, late summer often brings back-to-school planning, changes in parenting schedules, household budgeting, and decisions about where each family member will live during the fall. August is not legally favored for divorce filings, and […]
13
Aug
Aug
When co-parents disagree about a child’s school activities, start by reviewing the custody order, parenting plan, divorce judgment, settlement agreement, temporary order, or later modification that governs the family. The controlling document may assign educational decision-making, require joint consent, address extracurricular expenses, establish transportation duties, or protect each parent’s scheduled parenting time. The practical details […]
11
Aug
Aug
After a divorce, the parent who has legal custody or assigned educational decision-making authority will usually control major school decisions. If you share legal custody, your custody order may require agreement, consultation, mediation, or a stated tie-breaking process before either parent changes the child’s school. When you cannot resolve the dispute, a New York court […]
06
Aug
Aug
A school-year parenting schedule should support your child’s attendance, homework, activities, transportation, rest, and time with each parent when that arrangement is safe and consistent with the custody order. A summer schedule may no longer fit once classes begin. You and the other parent may be able to address a limited scheduling problem through a […]
30
Jul
Jul
The start of a new school year can reveal custody and parenting-time problems that were less noticeable during summer. Class schedules, bus routes, after-school care, homework, activities, and work obligations may no longer fit the current parenting plan. You can reduce confusion by reviewing the existing custody order before classes begin, comparing it with the […]
28
Jul
Jul
Summer camps, sports, lessons, travel, and family visits can give your child structure and meaningful experiences. They can also create disputes when you and your co-parent make overlapping plans or disagree about cost, transportation, consent, or parenting time. You can lower the risk of conflict by reviewing your custody order first, using one shared calendar, […]
23
Jul
Jul
Divorce mediation is often seen as a way for couples to navigate the complexities of ending a marriage with less conflict and expense than traditional litigation. When a prenuptial agreement is involved, the mediation process takes on additional layers of complexity. A prenuptial agreement, also known as a “prenup,” is a legal contract created before […]
23
Jul
Jul
Divorce is a challenging process that involves many complex legal and financial matters. One of the most critical aspects of divorce, particularly when it involves significant retirement assets, is the preparation of a Qualified Domestic Relations Order (QDRO). In New York, hiring a QDRO specialist can make a significant difference in how effectively these retirement […]
23
Jul
Jul
When it comes to child support in New York, the complexities of the law can often leave parents feeling overwhelmed, especially when it comes to understanding how college expenses are factored into child support obligations. New York law recognizes that raising a child involves more than just providing for their basic needs, and as children […]