Author Archives: Bridget Tartaglia
I Want to Move — Can I Bring My Children?
The issue of parent relocation is relatively complicated, and each case tends to have a unique set of circumstances that play a significant role in the court’s ultimate decision. There are many factors that may influence the result, including the following issues. The child’s best interests This is the first and most important element in… Read More »
The Tax Impact of Spousal Maintenance Requires Careful Consideration When Negotiating the Terms of Divorce
Taxes should be a major consideration when negotiating the terms of divorce. At its simplest level, the party who makes any type of payment defined as spousal maintenance under federal tax laws can deduct those payments, while the recipient must declare the payments as income. Qualified taxable income Although the IRS does not consider payments… Read More »
The Pitfalls of a Qualified Domestic Relations Order
On the surface, dividing a retirement plan may seem like a simple task to divorcing couples. Rest assured, this is usually not the case, and it pays to have a lawyer who understands qualified domestic relations orders (QDROs). What is a QDRO? A QDRO is a court-issued order that divides a retirement account, usually with… Read More »
When Pursuing a Mediated Divorce Is a Mistake
You’ve probably heard about the cost benefits and lack of adversarial encounters associated with divorce mediation. Granted, these qualities are appealing and are actual advantages — but only when the nature of your divorce is suitable for mediation. Otherwise, mediation can saddle you with an outcome that’s anything but favorable. A Forbes magazine article aptly… Read More »
Can Men Win Spousal Support in NY?
There was a time when spousal support, then almost universally known as alimony, was unidirectional — husbands paid wives. This was based on the traditional view of marriage, where women were either solely housewives or employed at far lower-paying jobs, thus making them financially dependent on their husbands even after divorce. Today, the courts look… Read More »
What to Do if Revised Income Levels Affect Child Support Obligations
Divorce law is constantly in flux, especially on the state level. It’s one of the chief reasons you should not try to tackle a divorce without a highly-experienced lawyer. There’s simply no way a layperson can keep up with all the changes affecting NY divorce law, including alterations affecting the three major concerns affecting most… Read More »
How Long is This Going to Take?
One of the questions our clients inevitably ask is, “How long is my divorce going to take?” Unfortunately, there is no single answer. Divorces can be resolved relatively quickly or take an extremely long time, depending on a number of factors unique to each couple’s situation. Potential areas of contention The most common issues that… Read More »
Divorce: Understanding Your Digital Assets
Dividing property during a divorce can be difficult and sometimes contentious. Decisions about dividing material goods like the residence, a vacation home and investment accounts can be particularly difficult with partners who are splitting. But what about the iTunes account? In New York, property and assets accumulated by a couple during their marriage are considered… Read More »
Shine the Light on Domestic Violence
The behavior is personal and sometimes deadly. Intimate partner violence afflicts every community in the United States, usually behind the closed doors and happy faces presented to the public. New York is no different. By proclaiming October as Domestic Violence Awareness Month in New York, Governor Andrew M. Cuomo shines a light on the often… Read More »
Baby Veronica Goes Home
In a family law case that captured headlines for years, Veronica Capobianco has finally gone home. In 2008, Christina Maldonado informed her then-boyfriend Dusten Brown she was pregnant. Mr. Brown pressed for marriage indicating he would not support the child if Ms. Maldonado did not marry him. Ms. Maldonado ended the relationship and Mr. Brown… Read More »