Category Archives: Family Law
How Cohabiting With a New Partner Might Affect a Child Custody
In New York, a parent’s decision to cohabit with a new romantic partner after divorce is a sensitive topic that often raises questions about the potential impact on custody or visitation rights. Cohabitation is not, by itself considered grounds for modifying an existing custody or visitation agreement. As long as the parent continues to foster… Read More »
Why High-Asset Divorces Are So Much More Complicated
If you are facing a high-net-worth divorce, you must understand that the road ahead is fundamentally different and far more complex than a typical separation. The process you are about to begin will feel less like the end of a personal relationship and more like the dissolution of a business. The emotional strain may be… Read More »
How Wasteful Dissipation of Assets Can Affect Equitable Distribution
In New York divorce proceedings, the spouses’ marital assets are divided using the process of equitable distribution. This involves the court’s weighing of several factors to determine a fair but not necessarily equal split. One of the factors considered is whether either spouse is at fault for wasteful dissipation — that is, deliberately squandering, concealing… Read More »
Why You Should Have a Lawyer Even if Your Divorce Is Uncontested
In deciding to end your marriage, you and your spouse may agree on the big picture, paving the way for an uncontested divorce. If you’re eligible, this route can save significant time and expense and avoid emotional strain. Nevertheless, there are good reasons not to proceed without an attorney. Specific criteria must be met to… Read More »
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 »