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Long Island Family Law and Mediation Blog

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Is Business Income Factored into a New York Court’s Post-Divorce Maintenance Award?

When it comes to dividing up assets after a New York divorce, New York is an equitable distribution state. This means that, rather than dividing up a couple’s assets straight down the middle, if a court needs to resolve the issue, a court will consider a number of factors to…

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When Is It Appropriate for a Judge to Order Spousal Maintenance for Longer than Suggested by the Guidelines?

As we have discussed in previous posts, when a New York court is tasked with determining the amount and duration of spousal maintenance payments following a New York divorce, the court will start with the formula contained in Domestic Relations Law section 236(b). For determining the duration of spousal maintenance…

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Can a New York Judge Order Spousal Support for Less Time than the Guidelines Call For?

When a judge presides over a New York divorce, one of the parties will often request to receive post-divorce maintenance payments, formerly called alimony, from the other party. Up until 2015, the determination of the amount and duration of post-divorce maintenance was largely left up to the discretion of the…

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Can a New York Family Court Order Spousal Maintenance Below the Guidelines?

As discussed in previous posts, the judge presiding over a New York divorce has the ability to order one party to pay the other spousal maintenance. There are two types of spousal maintenance.The first is called pendente lite. Pendente Lite is a Latin term meaning “during litigation.” This is a temporary maintenance…

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Determining Spousal Maintenance in New York Divorces Cases Involving High-Income Earners

Following a New York divorce, the judge presiding over the case may require one of the parties to provide regular spousal maintenance payments to the other party. These payments – known as maintenance in New York but commonly called alimony – are calculated according to a specific formula laid out…

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Will a New York Court Order a Forensic Evaluation When Grandparents Seek Custody of a Child?

Many New York family law cases involve a child custody dispute. Most often, these disputes arise when the parents of a child or children go through a divorce and argue over who has primary custody of the children. However, in some cases, grandparents seek visitation or custody of a child.…

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Grandparent Visitation in New York: Do a Child’s Expressed Desires Weigh into the Court’s Decision?

In a previous post, we considered a situation in which the grandparents of a child or children sought visitation when the custodial parent was opposed to such visitation. This week, we consider a related, although slightly different situation in which the children themselves have expressed a desire for the court…

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Can a New York Family Court Judge Order Grandparent Visitation?

Most New York child visitation cases involve courts establishing the rights and obligations of the parents as they relate to each other. However, New York family law does contemplate a situation in which a court can order visitation for a child’s grandparents under certain situations. This may even be the…

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DNA Testing in New York Paternity Cases

Ever since the time that DNA testing has been recognized as a reliable method of determining paternity, family courts across the country have relied upon the testing to resolve disputes over paternity. Indeed, the New York Family Court Act discusses the availability of DNA testing for the purposes of establishing…

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