Child Care
In child support cases in family court, what documents must be produced?
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…
Read MoreWhat is used as income to calculate one’s child support obligation?
Pursuant to New York Family Court Act Section 413, one pays child support until the child is 21 years old. The child support percentage is as follows: One child 17% of the combined income for both parents Two children 25% of the combined income for both parents Three children 29% of the combined income for…
Read MoreEnforcing a child support order after divorce
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…
Read MoreWhen should children testify in family law proceedings?
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…
Read MoreVexatious litigation: What to do when your ex won’t stop dragging you into court
Some divorces are so hostile and contentious that the fight continues throughout the entire process and even long after the judge issues the divorce decree. Spouses who feel that they have been slighted feel compelled to punish the other one and don’t care whose time they waste while doing so. They begin a campaign of…
Read More4 tips for New York parents whose children were removed by Child Protective Services
Being a parent can be overwhelming. We want to do what’s best for our children by disciplining them for inappropriate or unacceptable behavior, but it sometimes happens that people who disapprove of our parenting methods overreact by calling Child Protective Services (CPS), who may conclude their initial investigation by taking the children away. Although CPS…
Read MoreChild support arrears
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…
Read MoreBankruptcy and child support
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…
Read MoreWhat is a temporary support order in my New York divorce?
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…
Read MoreAn easier path ahead for Catholics wanting to end their marriage
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…
Read MoreSame-sex divorce remains yet to be clearly defined
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.…
Read MoreStudy examines emotional wellbeing of children in various custody living arrangements
Ever since 1976, Sweden permitted joint physical custody. Joint physical custody is a living arrangement whereby children live part of the time with one parent and part of the time with another. This arrangement has been on the rise in that country and now; about 30-40% of children whose parents are separated live in a…
Read MoreCourt discusses whether or not child support arrears can be used to pay legal fees
Public policy places a high priority on making parents meet their financial obligations for the support of their children. Defined simply as a sum of money paid for the care, education and maintenance of a child who is under 21 years of age, child support is considered to be an obligation of both parents. The…
Read MoreInfographic: Who pays child support? How much do they pay?
New York State’s Model for Child Support
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…
Read MoreA new bill may take back-owed child support out of casino and racetrack winnings
In Ohio, 68% of the child support that is court ordered is collected each year. Last year that amount was $1.3 billion. The state has a goal of collecting 70% of this sum by September 2015 according to a May 7, 2014 article in the Columbus Dispatch. While it would be best if all child…
Read MoreBronx divorce lawyer explains why a judge ordered a mother who sent her adopted son back to Russia to pay child support
Recently, a mother sent her adopted son back to Russia. She claimed that he was disturbed. Even after cycling through several attorneys, she never paid the proper child support according to a July 13, 2012 Washington Post article. The seven-year-old son now lives in a group home just outside of Moscow. The mother was recently…
Read MoreBronx child custody lawyer comments on Germany’s new child support bill
Germany is making headlines over their much debated child support bill, as published in a June 7th, 2012 New York Times article. The government passed a bill that would grant German parents of toddlers a monthly allowance to be used to keep their children out of state-run day care. At this time the bill is…
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