Category Archives: Family Law
Does Your Same-Sex Marriage Need a Prenuptial Agreement?
In a column last year after the landmark Supreme Court ruling striking down the prohibition of federal recognition of same-sex marriages, a Forbes writer drew an analogy between the coming wave of same-sex marriages and the significant uptick in marriages after World War II. Although noting that the numbers could potentially be similar, he observed… Read More »
What a Prenup Can Do — and What It Cannot
In a 2010 poll of divorce attorneys, 73 percent noted an increase in the use of prenuptial agreements, in addition to some surprising trends related to these documents. The American Academy of Matrimonial Lawyers conducted the poll with its 1,600 members, 52 percent of whom noted that women were increasingly the ones requesting a prenup…. Read More »
Child Custody and Support Issues Specific to Same-Sex Partners
With all the changes in recent years to the legal status of same-sex couples, it can be difficult to understand the exact nature of your rights as a couple and, if you have children, your rights as parents. What’s true in one state may not be in another, and what you might assume would be… Read More »
Child Support Deviations
Federal law mandates that all states create a uniform formulaic system for determining support obligations for children within their jurisdictions. While states are not required to adopt any particular formula, most choose one of two common systems. In New York, child support obligations are based on a fixed percentage of the payor’s income less certain… Read More »
Supervised Visitation in New York
The law places a great deal of importance on preserving the relationship between parent and child. While this certainly makes sense under most circumstances, it can create a frustrating and unsettling scenario for a custodial parent when the other parent has a history of abuse, neglect, violence or mental instability. In New York, a judge… Read More »
How Do You Consciously Uncouple Assets?
Entertainers Gwyneth Paltrow and Chris Martin created a divorce sensation when they announced they were consciously uncoupling. What effect does that have on division of assets during divorce? In March, the celebrity couple announced their separation via Goop, the website of Ms. Paltrow. While a great deal of attention is paid to the apparent civility… Read More »
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 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 »
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 »