Category Archives: Jean Mahserjian Blog

Qualified Domestic Relations Orders

Understanding Qualified Domestic Relations Orders in New York

Qualified Domestic Relations Orders Understanding Qualified Domestic Relations Orders in New York If you’re going through a divorce and have retirement benefits, you will need to know about qualified domestic relations orders. Let Jean Mahserjian and her divorce lawyers in Saratoga help you out. When we are talking about the division of assets under New York law in […]

Divorce, Separation and Mediation in Saratoga

Divorce, Separation and Mediation in Saratoga

Sometimes divorce and separation can be a true shock, a rug-pull, that catches you without any time to prepare. But even if you’re the one filing for it, if you’ve been thinking about this choice for months and years, you can surprise yourself to be going through with it. The fact is, outside of pulp […]

A Definitive Guide to Divorce in Saratoga County

A Definitive Guide to Divorce in Saratoga County

Sometimes divorce can be a true shock, a rug-pull, that catches you without any time to prepare. But even if you’re the one filing for divorce, if you’ve been thinking about this choice for months and years, you can surprise yourself to be going through with it. The fact is, outside of pulp noir novels, […]

12 Common Child Custody Issues You Could Face

12 common child custody issues you could face

Child custody can be the most contentious issue in a divorce – even more than the division of assets. This is natural. In most other divorce issues, two parties negotiate (or fight) over what constitutes “fair” between them. The issue here isn’t at all what’s “fair,” but what’s best for the health, mental and emotional wellbeing, […]

Knowing Your Ex’s Entire Income When Calculating Child Support

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 difficult, though, to reduce all the expenses of raising […]

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 to more for these. Download Our Free Divorce […]

Refunding Child Support Payments

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% of the time (documented). […]

8 Common Confusions When Dividing Assets in a Divorce

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 about the division of assets. Download Our Free Divorce […]

When Can I Modify My Child Support Agreement?

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 is employed part-time. He does not go to […]

New York Divorce Guide

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 York Divorce Guide Divorce […]

How Is Child Support Calculated in NY?

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 the time of the current order now […]

Do I Have to Pay College Expenses and Child Support at the Same Time?

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 it standard for college expenses to be ordered simultaneous with child support being paid? […]

Having Difficulties with a Divorce Appeal

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. He also did not submit pictures […]

3 Things About Child Support and College Expenses You Didn’t Know

The Requirement to Pay College Expenses

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 contribute to the college expenses of the child. The court, in […]

When Do the Split Marital Debts Need to be Paid After Divorce?

Saratoga Divorce Attorney

When filing for uncontested divorce in NYS, all debt is divided in half. How soon it has to be paid by spouse after filing? Question: I have 2 credit cards what my husband used and almost maxed out. My understanding that when divorce is filed all assets and debt is divided between us. How soon […]

How Can I Change the Jurisdiction of a Child Custody Petition?

Saratoga Child Custody Lawyer

Attorney Jean Mahserjian Explains How You Can Change the Jurisdiction of a Child Custody Petition It is appropriate to initiate a custody petition in any county where either parent or the child resides. If, however, the other parent files their petition in a county that is inconvenient for you, you – or your attorney – […]

What Reasons Would I Have to Pay Spousal Support?

Saratoga Family Law Attorney

Question: I live in NY and have been married 7 yrs. I make more $, house was mine prior to marriage, no kids. What reasons would I have to pay support ans I thought NYS was a state that no longer had alimony for irreconcilable differences? Download Our Free Divorce Guide Answer: The court will […]

Violation of a Child Custody Order

Saratoga Child Custody Attorney

Question: How many violations of visitation do i have to file before the court will do something about my ex keeping my daughter from me.  I am supposed to get my daughter every other weekend 4pm Friday until 7pm Sunday. My ex picks when and if she wants to send my daughter.If we have a […]

Dividing a Premarital Pension After Divorce

Dividing a Premarital Pension After Divorce

If a defined benefit pension plan existed prior to the marriage, the post-divorce division will be based upon the total amount of time the titled spouse participated in the plan, and how long he or she was in the plan while married. In most cases, 50% of the portion of the plan that accrued during […]

How to Get Spousal Support if Your Ex Quit Their Job

How to Get Spousal Support if Your Ex Quit Their Job

Question: I believe my husband quit his job several months ago in order to avoid having to pay me spousal support. He’d been working for over a year at this same job prior. He had repeatedly said he “can’t get a job” until he divorces me and now I understand what that meant. He has […]

How Can I Change My Child’s Last Name?

Saratoga Family Law Attorney

As a dedicated Saratoga Family Law Attorney, I am often asked how to change a child’s name to match a parent’s.  If you want to change your child’s name to match yours, you will first file a petition in the Supreme Court – rather than the family court – and serve the other parent with […]

Saratoga Child Custody Attorney on Changing the Jurisdiction of a Child Custody Petition

Saratoga Child Custody Attorney

As a dedicated Saratoga Child Custody Attorney, I am often asked if it is possible to change the jurisdiction of a child custody petition.  It is appropriate to initiate a custody petition in any county where either parent or the child resides. If, however, the other parent files their petition in a county that is […]

Saratoga Divorce Attorney on Your Rights to a Home Bought Before Marriage

Saratoga Divorce Attorney

Will I have rights to our house (or its value) in a divorce if my husband purchased the house before we were married? Question: My husband bought our house before we were married, but we have always both lived in it together. We have been married for 12 years, lived in the house for 15. […]

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