QDROs: Dividing Retirement Accounts in New York When we are talking about the division of assets under New York law, we are talking about the division of both debts and assets that were accumulated during the marriage. The New York domestic relations law has an expansive definition of marital property and a less expansive definition…
Knowing Your Ex’s Entire Income When Calculating Child Support In New York State, courts will order child support when parents of children are unmarried or have divorced, to ensure that both are contributing equitably to the child’s upbringing, and that the child’s standard of living won’t suffer because of the parents’ separation. It can be…
Cost of Living Adjustment for Child Support Orders How do I get an updated Cost of Living Adjustment (COLA) for child support? It has been 4 years. Question: I’m a single father who has full sole custody since 2008. Expenses are getting more costly like car insurance,prom,senior pictures and college on the horizon. Am I entitled…
Refunding Child Support Payments Will family court judge rule that my ex wife has to refund my child support? Question: I’ve been paying full child support for my child for the last several years. A year ago my ex wife moved away and my daughter didn’t want to go and has been with me 95%…
8 Common Confusions When Dividing Assets in a Divorce Discord in a divorce can quickly escalate when it comes to dividing assets. Spouses will often find they have stark disagreements about what’s “mine” and what’s “ours,” and about what constitutes “fair.” On top of this, many people enter the divorce process with confusions or misconceptions…
Waiting on a Divorce Decree Question: I am currently waiting on the judge to sign the divorce decree, my question is how will I know when that has been done, since I do not have a lawyer and he does, will I be notified that the divorce decree has been sign by the judge. Will…
When Can I Modify My Child Support Agreement? Question: My son moved in with his girlfriend and mother. He says his mother is giving him money toward rent to live there. She moved out of her apartment and moved in with her mom because she couldn’t afford the apartment. He is 20 years old and…
New York Divorce Guide Covering Assets, Alimony, Custody, and More When going through a divorce, things can get very stressful and confusing. The New York Divorce Guide was created by the Albany Divorce Lawyers at Jean Mahserjian Esq. PC. to help people know their rights and duties. Getting Divorced in New York State: A New…
How Is Child Support Calculated in NY? Question: My ex wife and myself were divorced 4 years ago, at the time we deviated from the CSSA and no child support was ordered. Visitation breaks down to 49%me and 51%ex wife. We make approximately the same amount of money. Circumstances has changed ,he was two at…
Do I Have to Pay College Expenses and Child Support at the Same Time? Question: I’m a child support Payor, paying child support pursuant to court order. My daughter is entering college. The Payee is seeking to modify the support order asking that I pay child support and college expenses at the same time. Is…
Having Difficulties with a Divorce Appeal Question: My lawyer did not advise me that I had 30 days to appeal after the judge signed my divorce papers. Is there anything I can do? My lawyer did not want to use mental health of my ex as a reason even though I had tape recordings proving.…
3 Things About Child Support and College Expenses You Didn’t Know When you are divorced and have children, many parents have to deal with helping their child pay for college tuition during the time they are still paying child support. 1.) The Requirement to Pay College Expenses A court is empowered to direct parents to…