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Category Archives: Family Law

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 »

Who’s the Daddy?

Unfortunately, human relationships are not always neat and simple. Nowhere is this more apparent than in a paternity suit. Sometimes a father is shirking his responsibility to support a child and other times the mother is denying the father’s biological parenthood. If the parties cannot resolve the issue on their own, a Family Court judge… 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 »

Orders of Protection and Temporary Restraining Orders

You do not need a lawyer to seek a temporary restraining order in New York. Courthouses and police stations are required to provide an immediate order of protection if you request one. A trial date is set and a hearing is held to see if you qualify for a permanent order of protection. A judge… Read More »

Paternal Rights for Unwed Fathers: What to Do When There are Doubts

Do not sign a voluntary acknowledgement of paternity if you are unsure whether you are a child’s father. Once you sign, New York allows just 60 days to rescind your acknowledgement. By signing, you waive your right to deny paternity. The only way to get out of the agreement is to retain a lawyer to… Read More »

Co-Parent Adoption for Same-Sex Couples

Legal obstacles make it substantially more difficult for parents to adopt together as a same-sex couple. Prospective parents must elect one person to file the court documents for adoption, while the other must remain anonymous. Problems can arise when one parent has sole custody. Although you plan to raise the child together, the parent with… Read More »

Grounds for Invalidating a Prenup in New York

Invalidating a prenuptial agreement has traditionally been difficult in the state of New York. However, in recent months, former wife of millionaire Peter Petrakis has made it just a little easier. Elizabeth Petrakis alleged that she was fraudulently induced to sign a prenup when her husband-to-be made an oral promise to destroy it once the… Read More »