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…
Paying for Extracurricular Activities with Child Support 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…
New York State Child Support Calculation Child Support in New York State is calculated pursuant to the Child Support Standards Act. This is a statute that was originally passed in 1989 that has had many modifications ever since. The underlying impedes behind that statute dictates from the Federal Government. Child Support in New York is…
Arguing the CSSA NY Amendment Question: My divorce trial which included Child Support ended on August 24, 2010 but was not signed and entered until November 10, 2010. Since the law was not in effect on August 24, 2010 I had no knowledge of the new law or that we had the ability to opt…
Contesting a Relocation Question: My current order (out of NY) allows me to move 500 miles from the town my son’s father lives in, which is not in NYS. He has moved out of state. I want to move further than 500 miles, and he said the only way he will let me go is…
Family Court Order Question: I received a Family Court Order in 2009, ordering me to pay child support until my daughter is 21. I also am responsible for paying her out of pocket medical expenses, for which I’ve been doing, but only recently because the custodial parent has only recently sent me bills. The other day,…
Determining Child Support if a Parent Works Off the Books 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…
My Divorce Attorney Withheld Marital Assets Question: He negotiated the division of retirement assets without giving me full disclosure of all retirement plans that my ex husband had from 35 years as a corporate executive. It is a complicated case and I need an attorney that can handle divorce and possibly corporate fraud. Download Our…