Education
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 are some common issues that unmarried parents face?
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…
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 MoreWhat is emancipation and how does it affect child support?
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…
Read MoreDoes child support always end at 18?
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…
Read MoreHandling “back to school” as a divorced parent
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…
Read MoreGetting divorced? Here’s what you should know about insurance
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.…
Read MoreHow divorce or separation can affect your taxes
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:…
Read MorePlanning for your child’s college during divorce
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…
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 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 MorePaying for a child’s education after divorce
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…
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 MoreNew York Family Magistrate ruling regarding private school tuition upheld on grounds of consent
Earlier this month a family court magistrate ruled it was in the best interest of the child to go against this parent’s original agreement and require the father to pay a large portion of his school’s tuition. The father appealed this finding, but according to a February 1, 2013 New York Law Journal article, the…
Read MoreVideo: Judge Overrules Child Support Agreement On Educational Expenses
Court Orders Parents to Pay Son’s Private College Tuition
A New York Supreme Court judge held that the divorced parents of a college-age son must split the cost of the son’s expensive private college tuition, as reported in an October 13, 2012 New York Law Journal Article. In the vast majority of divorce cases, the “SUNY cap†is implemented in determining what each ex-spouse…
Read MoreVideo: Judge Orders Parents To Pay Private College Tuition Rate
Court Rules on what is meant by a couple’s “meansâ€
Years after their divorce, a couple is back in court to figure out what is meant by the term “respective meansâ€, used during their divorce, reports the July 13, 2012 edition of The New York Law Journal. Rochester County judge, Justice Dollinger was surprised at the lack of legal interpretation of the phrase “respective means. 
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