Author Archives: Bridget Tartaglia
Tips for Helping Children Adjust When Divorce Lies Ahead
Going through a divorce is a deeply personal and often painful process. As you deal with your own emotional issues, you undoubtedly want to protect your children from distress. However, it’s important to realize that children deserve to know what is happening so that they have an opportunity to cope and adapt in healthy ways…. Read More »
Costs Not Covered by Child Support, and How They Can Be Shared
In New York, child support is a court-ordered payment intended to cover a child’s basic needs, such as food, clothing, shelter, and basic educational expenses. Parents need to understand which costs related to child rearing that are not covered by base child support, and which types of expenses are considered add-ons, which are shared proportionately… Read More »
What Can a Parent Do if a Child Refuses Parenting Time?
In New York, when parents have joint physical custody of a child after a divorce, each of them is entitled to parenting time as prescribed in a plan adopted by the court. However, what happens if a child — for whatever reason — decides they don’t want to adhere to the parenting time schedule? A… Read More »
How Emancipation of a Child Affects Child Support Obligations
In New York State, parents are legally obligated to support their children until the age of 21. However, this duty can end earlier if a child becomes emancipated. Emancipation is a court’s recognition that a child is self-sufficient, thus releasing the parents from their financial responsibilities. Unlike many states, New York does not have a… Read More »
Deciding Whether “Bird-Nesting” Child Custody Is Right for You
A child custody arrangement known as “bird-nesting” is an option used by some divorced parents. In this practice, the children stay in the family home, with the parents alternating their time there. The goal is to provide a sense of continuity and security for the children, minimizing the disruption that often accompanies divorce. A bird-nesting… Read More »
How Does Unemployment Affect Spousal Maintenance Obligations?
In New York, spousal maintenance after a divorce (informally known as alimony) is calculated based in part on the paying spouse’s reported income from wages and other sources. But what happens when that spouse becomes unemployed or is working below their earning capacity? Courts in New York have the authority to impute income to a… Read More »
What Must a Custodial Parent Show to Get Permission to Relocate?
Under New York law, both custodial and noncustodial parents have protectable parental rights. Public policy favors having children spend quality time with both parents when feasible and beneficial. Normally, the noncustodial parent is awarded meaningful visitation time in order to preserve his or her bond with the child. However, the arrangement might be strained or… Read More »
How to Deal With Your Spouse’s Stonewalling in a Divorce
Stonewalling is negative behavior by a spouse that can manifest as silent treatment, non-responsiveness or outright refusal to engage in meaningful conversation. In a divorce, it may appear as a tactic to gain control or as an emotional response to the stress of the situation. Regardless of the intent, stonewalling prolongs divorce proceedings and increases… Read More »
Using Mandatory Presumptive Mediation in a New York Divorce
Mandatory presumptive mediation is used in New York divorce cases to encourage amicable resolutions outside the courtroom. This process, implemented in 2019 as part of the state’s efforts to streamline the judicial process, requires parties in certain types of civil cases to participate in mediation before their case can proceed to trial. The goals are… Read More »
What Actions by an Ex-spouse Can Cause Termination of Maintenance?
In New York, the obligation of an ex-spouse to pay maintenance (informally known as alimony) may be terminated when the recipient cohabits with a new romantic partner but only under very limited circumstances. There must be evidence that the recipient’s new relationship resembles a marital union where a party holds themselves out as husband and… Read More »