Category Archives: Jean Mahserjian Blog

Calculating Child Support in a Shared Custody Situation

We have a number of cases where our client shares custody with the other parent. By sharing custody, the parties have an equal schedule with the children. Under the current New York State Child Support Statute, there is not statutory framework for how child support will be paid. In fact, the New York Court of […]

Paying for Day Care with Child Support

In New York State, there are a number of add-ons to Child Support. Mandatory add-ons include day care expenses. Often, the custodial parent makes arrangement for the provision of day care for the children, and each party pays a percentage of that day care expense each week or month. The proportion paid by each parent […]

Can My Spouse Move Out of State with Our Daughter Without Consent if Custody is Shared?

Question: We got divorced two years ago by mutual agreement. We did our documents through “we the people” and chose to do the visits with my oldest daughter and our younger daughter one week with him and one with me. We stayed here in Schenectady to make it easier for us to keep that schedule […]

How Do We Calculate Child Support?

Question: Father lives in Texas with one of the 3 children, and Mom Lives in Albany New York with 2 of the 3 children. All kids born in Texas, but Texas has a continuance Jurisdiction Divorce decree that has a Geographical restriction for the mother to live either in Texas or NY.  Mom Moved to […]

The Length of Child Support in New York State

Under the Child Support Standards Act of New York State, the age of emancipation is 21. Child Support runs until the age of 21, unless a child emancipates themselves sooner. That can occur in a number of ways, which include leaving a parent’s home, obtaining their own housing, starting their own family, or joining the […]

Paying for Spousal Maintenance

A concern for many spouses, whether you’re the moneyed or less-moneyed spouse, is: how long do I have to pay or can I receive maintenance? There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is paid during the course of an action. Post-divorce maintenance is awarded by a court in the determination, as […]

Medical Decisions for My Child

Question: I am the non custodial parent with joint legal custody. Can the custodial parent have the child be seen by a psychiatrist without my consent?  My ex has had the child see over 7 therapists in the past few years and is showing signs of stress because of it. I have voiced my concern […]

Taking Care of Your Inheritance Upon Divorce

Taking Care of Your Inheritance Upon Divorce If you receive an inheritance during your marriage, it may be your separate property. It will depend on how you held that inheritance after you received it. If it was a cash inheritance that you kept in a separate account under your name, and you did not deposit […]

Altering Your Life Insurance Beneficiary

Once an action for Divorce is commenced in New York, there are temporary orders put into place that prohibit conduct on the part of both parties. The conduct that is prohibited includes modifying a Life Insurance policy, such as changing the beneficiaries, modifying Health Insurance, or selling certain assets. If you’ve commenced an action for […]

Getting My Child Back with Full Custody

Question: My ex-husband and I have joint custody of our 12 year old son. I live in Virginia and my ex husband lives in Upstate NY. We’ve always maintained joint custody with myself as the primary custodian. Last year my son wanted to live up in NY with his dad which I had no problem […]