Earlier this year New York State legislature passed a maintenance bill which changed matrimonial law in some significant ways. Governor Cuomo signed the bill which became effective on two different dates: the section relating to temporary maintenance become effective October 25, 2015, and all other provisions including post divorce maintenance, become effective January 23, 2016. […]
Pursuant to Domestic Relations Law 237 (a) an award of counsel fees is “an issue controlled by the equities and circumstances of each particular case, and the court reviews the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties’ position.
Though not legislative, at least one appellate Court has issued a decision after trial granting parents joint custody with a shared parenting schedule. A decision issued by the Appellate Division, 3rd Department on November 20, 2014, after fact finding hearing, was for joint legal custody, equal half-week parenting time. Matter of Teri v. Elliot. 2014 […]
Family Court has the ability to punish specific criminal behavior if it occurs within a family. Family is defined by the statute as persons who are related by blood or marriage, have a child in common, or have an intimate relationship. Family Court Act §812. Not all criminal acts are within the jurisdiction of Family […]
No matter what you call it, maintenance, spousal support or alimony, the rules guiding support between spouses have changed over time.
The Courts have held that the “essential consideration in making an award of custody is the best interest of the child, under the totality of the circumstances.” Eschbach v. Eschbach, 56 NY2d 167, Friederwitzer v. Friederwitzer, 55 NY2d 89. But what does “best interest” really mean?
Child support in New York State is paid from the non-custodial parent to the custodial parent. The calculation is usually based upon last year’s income, and adjusted for Medicare and FICA. After determining the gross income, the resulting number is multiplied by a percentage based upon the number of children you have (17% for one […]
Relocation is one of the most controversial issues in custody cases. The Courts have held that “a parent seeking to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child’s best interest” Bjornson v. Bjornson, 38 AD3d 816, and Tropea v. […]
One of the more difficult areas in litigated equitable distribution cases is the issue of separate property. When people are first getting married, buying a house, or otherwise combining their lives, they are not planning for a divorce.
One of the first questions people ask when taking the step from considering a divorce or separation to speaking to an attorney: is what information do I need to gather? In order to provide you the best information possible, it is helpful to have some basic information in order to tailor the advice to your […]