Child Support
NY Courts Can Impute Parental Income
A recent New York Supreme Court case held that the court does not need to rely upon a “party’s own account of finances for child support purposes, but rather may impute income based upon the party’s past income or demonstrated earning potential” In Belkhir v. Amrane-Belkhir, the lower court did not impute income to…
Read MoreWho is responsible for children’s private school tuition?
A recent New York Supreme Court case, held that the court may direct a party “to pay educational expenses where appropriate and as justice requires given child’s best interests and circumstances of the case.” In this case, Kristina P. v. Joseph Q., the parties’ agreements and judgment of divorce were silent regarding the responsibility for…
Read MoreNY Courts Extend More Parental Rights to Same-Sex Partners
The New York Supreme Court recently had to decide an issue of child custody and visitation in a same-sex marriage. In Wendy G-M v. Erin G-M, during their marriage, one spouse underwent artificial insemination, became pregnant and gave birth to a child. The question for the court in this case is whether the other spouse, the…
Read MoreFive Custody Myths Divorcing Parents Need To Know
There are many different rumors and stories that circulate regarding separation and divorce, some of which are true and some of which that are not. The Huffington Post posted an article to their website debunking some of these myths called “Five Custody Myths Separating Parents Need to Know.” The first myth disparaged was that “mothers…
Read MoreHow DNA Testing is Changing Fatherhood
Imagine discovering that your child you raised from birth, took to dance recitals, tucked into bed each night, and loved unconditionally was not actually your child. New Yorks Times article “Who Knew I was Not the Father” describes a father’s worst nightmare. The article reports that a man who had raised his daughter for four…
Read MoreHot Off the Press: New Legislation in New York for Maintenance, Counsel Fees and Child Support
On October 12, 2010, New York’s no fault divorce law became effective. In addition to the “fault grounds” (i.e. adultery, abandonment, constructive abandonment or cruel and inhumane treatment) couples can now be divorce based on “irreconcilable differences for at least six months.” Additionally, there are three other important divorce law changes now in place. First,…
Read MoreConstructive Emancipation in New York Families
We’ve heard the stories of celebrity children emancipating from their parents in order to take control of the money they are making: Actress, Drew Barrymore; Olympic gymnast, Dominque Moceanu; and Actor, MacCaulay Culkin, to name a few. But, what about us regular folks? Can the average child emancipate himself or herself from the control of…
Read MoreNew York Passes No Fault Divorce Bill
On Sunday, August 15, 2010, Governor Paterson signed a bill making New York the last state to allow no fault divorce. This means that instead of accusing your spouse of committing adultery, constructive abandonment, or cruel and inhumane treatment, or, entering into a separation agreement for one year, one spouse must swear under oath that…
Read MoreBehind the Scenes of Cinderella: The Legal Rights and Obligations of Lady Tremaine
We all know the fairytale of Cinderella – the evil stepmother, two mean stepsisters, and the fairy god mother who saves the night. Let’s focus on the evil stepmother. Unfortunately for Cinderella, her beloved father passed away leaving her in the care and custody of Lady Tremaine (a.k.a. the evil stepmother). Lady Tremaine forces Cinderella…
Read MoreMy Fault? Your Fault? No Fault! Part 2
On June 17, 2010 I posted a blog regarding New York’s potential switch to no fault divorce. Recently, Newsday published an updated article on the topic suggesting that New York is moving closer to passing the bill. Click here to read the article. If you are interested in obtaining a divorce, Long Island divorce attorney…
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