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 […]
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. […]