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One parent can file for child support if the child lives with that parent for a majority of the time, and the child’s parents do not live together. The petition can be filed in the county where one of the parents resides pursuant to New York Family Court Act Section 421. If the child does…

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Pursuant to New York Family Court Act Section 424-a, both parties are required to reveal their financial information except if the party is a social services official. One document that the court requires from each party is the financial disclosure affidavit. The main categories on the financial disclosure affidavit are Income from all sources Assets…

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Does Bankruptcy Affect Alimony or Child Support? Here’s a question I’ve been recently asked by a client. Will a bankruptcy affect alimony or child support? Well, that’s a double question. Actually, it’s four parts.   Bankruptcy and child support or alimony First, if you have to pay child support or alimony, a bankruptcy does not…

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Military parents have the same obligations as civilian parents when it comes to supporting their children financially. When they try to evade that responsibility, you may encounter special challenges because military spouses are employed by the federal government, and there are certain steps that you need to take to collect outstanding child support. How much…

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If the unmarried parents of a child separate, then some general issues that they may face are how to establish paternity, how to file for child support, and how to file for custody or visitation. Establishing Paternity Paternity can be established if the father is listed on the child’s birth certificate, and he signed an…

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COVID-19 has presented practically all New York residents with economic and social challenges. Schools and nonessential businesses that cannot operate online remain closed, which means that divorced couples with children are facing parenting challenges that they could not have anticipated at the time of separation. Below is an overview of some general do’s and don’ts…

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When New York on PAUSE took effect on March 22, it affected thousands of businesses and their employees. All companies offering non-essential services were subjected to a mandatory closure, and workers whose jobs could not be transitioned online were laid off indefinitely. Consequently, businesses like hairstyling salons, theaters, gyms, and clothing stores have been shuttered…

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Starting this Monday, April 13, 2020, the Bronx County Supreme Court matrimonial part(s) will resume hearing its matrimonial cases. Currently, there are three Matrimonial Parts located within the Bronx Supreme Court, and these parts are presided over by Judge Alpert, Judge Gouldbourne, and Judge McShan, who is transitioning to another division, and Judge Martin. Judge…

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If the parties reached a voluntary agreement regarding child support payments where the payor pays a certain amount each week, bi-weekly, semi-monthly, or monthly and the payor failed to comply with the agreement, then the payee can file a child support petition seeking court-ordered child support. Additionally, the parent can request for the child support…

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Like every other state, New York requires parents to support their children, which is why child support orders are an essential part of every divorce settlement agreement. These orders are intended to address everyone’s needs at the time Still, if you or your former spouse experiences a significant change in circumstances later, like remarriage and…

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In New York state, noncustodial parents are required to support their child financially until they turn 21 or become emancipated. In the latter circumstance, the child is treated legally as an adult instead of a minor, which means that: They can make decisions and act on them without parental consent They can sign contracts and…

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Rising costs of living and years spent pursuing post-secondary education have resulted in many children living with their parents well past the age of 18. When families are intact, they can work together to reach a financial understanding, but when the parents are divorced, it raises questions about child support. In New York State, you…

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One of the hardest—and most emotional—aspects of separation and divorce is child custody during the holidays. In many cases, it won’t be possible for your children to celebrate Christmas or Hanukkah with both parents. How can you keep the holidays special when only one parent is with them when they unwrap their gifts on Christmas…

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Last year, the New York Post ran an article revealing that Ashley Madison, the portal that connects cheating spouses, is as popular as ever despite a catastrophic data breach in 2015. The article stated that the company’s US revenue increased by 17% in 2016 and over half of its active users are female. Until 1967,…

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Your spouse was unfaithful to you for over two years, although you only learned about it a few months ago. You’re hurt, angry, and wondering whether her actions will have any impact on the outcome of the divorce. Will she lose her bid for custody of the kids? Receive less of the marital estate? Has…

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In 1991, a book came out called Divorce Hangover. It was about the emotional pain and turmoil that often accompanies divorce and suggested that like an alcohol hangover, it would eventually pass and leave you ready to cope with life again. The book acknowledged that divorce was a life-changing experience that aroused strong emotions like…

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Back-to-school season is stressful for parents as well as kids, but when you’re recently divorced, the challenges can be amplified. How will you split the cost of school supplies? Who will go shopping for them? Will both of you accompany the kids to the bus stop or drive them to school? The back-to-school transition is…

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If you’re in the process of divorce, then there are multiple demands for your attention. You’re talking to your spouse about child custody and support, sorting through marital assets, and separating your finances. There’s a lot to manage, but don’t let insurance fall under your radar. One area many divorcing couples overlook is life insurance.…

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When you wake up in the morning and check your phone, sometimes you wish you hadn’t. Your ex is telling you that the kids “don’t seem happy” whenever he sees them. Your best friend posts pictures from your last girls’ night out all over Facebook, tagging you with captions like “Free at last!” You suspect…

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If you were separated or divorced in 2018, then there will be certain tax implications, the most basic of which is your filing status. If you are separated but have not received a final divorce or legal separation decree, then you are considered married for the entire year for tax purposes and must file as:…

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What’s worse than not having the kids for Christmas? Not having them AND being out of the state or even the country over the holidays. Thanks to an increasingly mobile workforce, this scenario will be a reality for many divorced parents this season. It’s not a happy prospect, but remember one thing: the technological advances…

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All good parents want what is best for their children. This is a fact that rarely changes, even in emotionally difficult situations like divorce. This is why they often discuss college and vocational school costs years and factor them into the divorce agreement before their children have even started preschool. According to the State University…

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If you’re filing for divorce and have a child with special needs, then it’s normal to be concerned about their future. Not only do they have unique medical and financial requirements, but they may also need to be supported after they become an adult. In New York, parents are typically required to support their children…

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Few things are more distressing for a parent than struggling to support their child financially. Unfortunately, this is a reality for many divorced parents throughout New York State. A child support order was included in the terms of the divorce, but their former spouse is chronically late or even refuses to pay at all, saying…

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We’re in the home stretch where August is concerned. For kids, this is a bittersweet month for two reasons: one actual and one potential. In the first case, they only have a few weeks of freedom left before heading back to school. In the second, they may also be coping with their parents filing for…

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Your New York divorce is over and matters of child custody and parenting time are in place. Now you and your former spouse must prepare to function as co-parents. This includes arranging custody exchanges that work for both of you as well as your children. Custody exchanges can go smoothly, or they can be emotional…

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When custody disputes occur, New York judges attempt to resolve the matter without putting the child in the position of having to choose between their parents. In some cases, however, input from the child may be necessary to give the court the information it needs to make the best decision, so a “Lincoln hearing” will…

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When you and your spouse decide to divorce, you expect that all marital assets will be divided according to New York’s equitable distribution system. But what about the MasterCard bill you ran up together? The line of credit you took out a few years ago that is now at its limit? The student loan you…

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If you’re like many people, then you had to make a lot of financial changes after divorce. If you didn’t know how to budget before, then you learned quite quickly. Things are especially complicated if you’re a stay-at-home parent. Although you are definitely working full-time, being a parent doesn’t come with the paycheck it deserves.…

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Thanks to global trade expansion and an increasingly mobile workforce, more divorced parents are relocating to new cities, states, and even countries. According to the National Center for State Courts, nearly 35 million children in the U.S. have divorced or unmarried parents and approximately 25% of them have a parent that lives in a different…

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Ending a marriage is not a decision that anyone should take lightly. When you file for divorce, the financial and emotional effect on the rest of your life is immediate and far-reaching. Because it is so important to be sure that the marriage is irretrievably broken before initiating divorce, New York law supports an alternative…

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Divorce is a confusing and stressful time for anyone. There are so many areas that need to be addressed: legal, financial, and of course emotional. To make matters worse, everyone is giving you advice, a lot of it conflicting. How will you handle it all? The answer is: you don’t. At least not by yourself.…

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When their parents divorce, children often wonder what went wrong and whether or not they might be to blame. These anxious and confused feelings are heightened when one parent moves out, splitting the household and causing them to see that parent less often. Although there is no way to ease the pain of divorce completely,…

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Parents are obligated to support their children even if their relationship comes to an end. When this happens, the typical arrangement is that the non-custodial parent pays child support to the parent who retains primary custody, with the amount calculated to cover the children’s needs and help them enjoy a lifestyle similar to the one…

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As the last day of school before summer break approaches, we feel a more pressing need to confirm vacation plans for the summer. For divorced parents who have agreed to establish their own vacation schedule, this can be as difficult as it is exciting. We would love to take the kids to Disney World in…

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Imagine this scenario. Your ex has been ordered to pay you child support after your New York divorce, and she does—approximately half the time. As the months pass, many payments are missed and the amount of back child support due to you increases. Then you find out that she has just filed for bankruptcy to…

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When you and your spouse divorce, most situations that you maintained as a family unit will have to be restructured. These include living arrangements, finances, and even health insurance, the latter of which is a special concern if you have children. Technically speaking, medical insurance counts as a form of child support. Making it available…

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Divorce does not only change your marital status. It also creates significant changes in your financial situation. That is why it is important, even at such an emotional and stressful time, to prepare for a separate financial existence the moment you and your spouse accept that the marriage is over. The five steps below will…

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Sometimes circumstances leave you unable to attend your upcoming appearance date in Bronx Family Court. Perhaps you now live in a different state or even country, or an emergency has come up, forcing you to be out of New York when court is in session. Provided your absence is for a valid reason, you may…

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Once the decision is made to end your marriage, you’ll likely feel a powerful surge of emotions: grief, anger, sadness, maybe even relief. Chances are that your children are feeling just as strongly about the way their lives are about to change. How a child will react to the news of parental separation will vary,…

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Many individuals who are about to become involved in a New York family law matter, such as divorce, child custody, and support, or spousal maintenance, wonder whether they should hire a family law attorney to represent them or save some money and handle their own case. While there is no law that requires you to…

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Family law deals with domestic relations, so Bronx family court lawyers represent clients in divorce proceedings and associated matters such as spousal maintenance, child custody and support, and division of marital property. Many lawyers also assist victims of domestic violence in civil protection court order proceedings. Child custody There are two types of custody arrangement…

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A litigated divorce is one where both parties can’t come to an agreement and resort to the courts to settle their differences. This type of divorce usually happens when one party refuses to settle on key issues, deliberately hides information such as financial records, or refuses to disclose details about all property they owned prior…

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Most people today are using some form of social media. It can be a great way to keep friends and family up to date about what you’re doing, especially if you don’t see them often. Unwise use of social media, however, it can get you in a lot of trouble, especially during a divorce action.…

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Same-sex marriage has been legal in New York State since the passing of the Marriage Equality Act in 2011 and, as with all unions, divorce is always an unfortunate possibility. The requirements for same-sex divorce are the same as those that apply to heterosexual couples: you must satisfy the residency requirements set forth in New…

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Appealing a decision or order from the New York Supreme or Family Court is a complicated process. To begin with, you should have sufficient grounds for appealing: being dissatisfied with the outcome of your case is not enough. The following circumstances must also apply: You or your attorney must have objected to the issue during…

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New York courts today generally take the view that children must be given every reasonable opportunity to succeed in life. That includes a college education. When evaluating a parent’s post-divorce responsibility for their child’s education costs, the court reviews factors like the following: The ability of the parent to pay The educational background of the…

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Under New York law, children are entitled to benefit from the income and standard of living that their parents enjoy. When those parents divorce, the noncustodial parent pays child support to the custodial parent so that any children under 21 are not left financially bereft by the separation. Child support in New York State is…

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Since a divorce in New York can take some time to be completed, one spouse may consider filing for a temporary support order before a permanent one is established on behalf of him or her by the court. For example, if one spouse has an income and a job and the other does not, the…

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Going through the process of a divorce is not easy for anyone but knowing what you need to do to prepare while some of the most common issues impacting them in a divorce can help you feel more prepared. Read on to learn some key tips regarding what to do if you are a man…

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Although divorce can wreck emotional havoc on everyone involved, it is important to try to stabilize healthy parent-child relationships once the divorce has concluded. In many cases, there are so many emotions happening between the divorcing partners that the feelings of their shared children can easily be swept under the rug after the divorce is…

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As a parent, a divorce can impact your life deeply. Trying to figure out the best way to tell the children about the plans is just the beginning, because then you need to enter the stage of changing their life in a big way. As you might expect, not all children are going to react…

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Pope Francis announced last week that the church aims to make it simpler and faster for Catholics who want to get a marriage annulment. This painful process has been known to take years and frustrate both spouses, which is why the church has taken some action to address growing concerns. Many people who have wanted…

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With all the recent news about same-sex marriage, there is a lot of legal precedents that remains to be set with regard to same-sex divorce. Although the phenomenon of parting ways from a same-sex marriage is not necessarily new, it has not been handled in America’s courts in the high numbers that heterosexual marriages have.…

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When a person violates a child support order in New York, judges are empowered to make use of any of the means authorized by Family Court Act section 454(2) to collect what is due and owing from the nonpaying parent. The options available to judges to deal with parents who refuse to meet their support…

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Unpaid child support is a serious problem in the United States. As reported by CNN in 2012, parents who failed to live up to their financial responsibilities to their children owed $108 billion in unpaid child support. Of the total amount, $53 billion is owed to states such as New York that paid public assistance…

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New York’s law on domestic relations is codified in the Domestic Relations Law which consists of 16 Articles which are further divided into 272 Sections. Substantive Sections include Sections 5 through 61 (marriages and rights of spouses); Sections 71 through 78-A (child custody); Sections 80 through 85 (guardianship); Sections 109 through 117 (adoption); Sections 121…

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The Domestic Relations Law is part of New York’s legal code. This part is often abbreviated, DRL. The DRL is composed of sixteen articles. These articles form the backbone of New York’s laws on marriage, divorce and family law. A summary of each article of the DRL follows. Article 1 The article gives the short…

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Divorce and family law are guided by state laws as opposed to federal laws. While it may seem that a divorce is a divorce, it is not quite that simple. For example, child support calculations vary by state. It is not percentage of one’s income that must be paid as child support that varies, but…

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A divorce and family court case in which the wife was the plaintiff and the husband was the defendant went to trial in Queens County, New York over several issues, according to an April 17, 2014 New York Law Journal article. The interesting part of the decision in this trial was about the amount of…

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Being served with divorce papers can often be confusing, and often embarrassing.  The following months and in some cases years, can be long and emotionally difficult. Firstly, there are different types of service that may be made in a case. In the case of a divorce, personal service must be made, what this means is…

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Child support is a specified amount that the court sets for the noncustodial parent to pay to the custodial parent. The payments can take the form of biweekly, weekly payments or monthly payments. Child support does not go away just because one merely decides that he or she no longer wants to pay it. Rather,…

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Some people fail to understand that not paying child support is a very serious matter. If people fail to pay child support, then it accumulates and they can end up serving serious jail time, depending on the state and its requirements. However, an issue that arises is whether they will serve jail time, if the…

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New York City Family Courts have experienced a rise in the number of family law cases that it handles yearly.  As a result, the New York City Family Courts want to make some information readily accessible to the general public so that the public can become educated on certain matters as well as stay informed…

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The goal of continued child support payment is to ensure that parents are able to take  care of their children and to make sure that they are able provide financial support for them. Society believes that it is not fair that one parent should be completely responsible for providing the necessities and financial support while…

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Many couples get separated after having a baby, and with the separation comes the child support obligation. One of the parents, either the mother or the father, has to pay support for the child, most likely the father will; and most definitely if the father is a millionaire. According to a case reported on April…

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Child support payments are awarded by the court. The parent who is not living with the children is usually the one who is ordered to pay child support payments to the parent whom the child is living with. Child support payments usually occur until the child turns eighteen however the age can vary due to…

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In some cases, a divorce might be inevitable due to the deterioration of a couples’ relationship.  Therefore, while obtaining a divorce might seem like the best option or a joyous event, there may be negative consequences or results that are associated with the divorce. For instance one might have to change his or her lifestyle,…

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Under New York law, in the majority of child custody and visitation cases, the court will assign an “Attorney for the Child.” An attorney for the child is an attorney assigned and paid for by the courts to represent the child’s interest.  These attorneys are normally attorneys who have prior child custody and visitation experience.…

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According to a new American Academy of Matrimonial Lawyers (AAML) report, more lawyers are obtaining information about the opposing party from online dating sites. The report states that 59% of the country’s top divorce attorneys reported their increased use of collecting relevant evidence from sites like Match.com. This type of evidence has started to become…

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A Westchester Supreme Court Judge ruled that a plaintiff, a husband’s maintenance payments and payments for attorney and court fees were unreasonable, according to a New York Law Journal article. The requests The wife was requesting an order of child support for $1,874 as well as an additional 71% towards statuary add-ons. She was also…

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