Fear of Seeing the Defendant in Court If you’re afraid to see the respondent in court, notify a court officer once you arrive. If you don’t want to be around the respondent, don’t want to see them, or are scared that they are going to hurt you, that court officer can take you to a…
Calculating Bonuses into Child Support When child support is initially calculated on the non-custodial parent’s income, we or the court considers and assesses all of the sources of income that the parent has. Many support payers in sales, management, or executive positions receive a fair amount of income, by way of bonuses. Some courts will…
Post-Divorce Pension and Deferred Compensation Account Transition All property that is acquired during the marriage is divided in a Divorce in New York State. That includes all deferred compensation plans and defined benefit plans. A defined benefit plan is a plan that pays a specific amount of money every month after retirement. A deferred compensation…
Saratoga Divorce Lawyer Discusses Divorce Decree Statute of Limitations Question: I have not received the full amount of money from my ex-husband as stated in the divorce decree – this has caused me to not sign the quit claim on that home. Do I have to sign this or do I still own 1/2 of…
Nearby Domestic Violence Help in Saratoga and Albany County There are Domestic Violence shelters and units scattered throughout the capital district. Just to name a few, there is Equinox in Albany, a Rape Crisis Center in Saratoga County, and an LGBT-based community hotline called In Our Own Voices. In addition, you can also go to your…
Albany Divorce Attorney Discusses What Happens After an Attested Divorce Question: My wife attested the divorce after signing separation papers and accepting money that she asked for. She’s received everything shes asked for and cashed the check. I was granted the divorce by a judge. She states she was not informed on the monies. We agreed…
Obtaining a Child Support Order in New York State Child Support Orders in New York State are issued by either Family Court or Supreme Court. If you are apartied to an action for Divorce, then the order will be issued by Supreme Court. Family Court is one of limited jurisdiction, and it cannot address a…
Revising a Child Custody Order in New York 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…
The Divorce Mediation Process I usually describe Divorce Mediation in New York as forward-looking and solution-setting, whereas Divorce Litigation is backwards-looking. There are numerous mediators in New York State, and they can assist you in obtaining a less contentious Divorce that you can obtain through the Litigation process. It is advisable that you speak with…
Handling a Home Owned Prior to Marriage in a Divorce Case If you owned your home before Marriage, it is possible that you are going to retain that home as your separate property after Divorce. It will depend on how the title was held to the property during the marriage. If you transferred title to…
Is a Divorce Lawyer Necessary? Question: I haven’t seen my ex husband in 20 years, and I don’t even know where to start looking for him. I’m 50 years old with health issues and I don’t want to have his last name any more. Download Our Free Divorce Guide Answer: f you file for divorce, you…
Grandparent Custody Rights Question: I have had custody of my granddaughter for 4 1/2 years and my daughter has done nothing in all those years to try to get her back. She visits twice a week, most weeks she never calls for the visits and the courts set all of this up. Now she’s taking…