The goal of divorce mediation is for a couple to reach a settlement on one or more issues related to their divorce. To that end, a neutral third party known as a mediator helps each side understand the relative strengths and weaknesses in their position and tries to move them…
In a 2015 case, Matter of Rumpff v. Schorpp, a New York appellate court heard an appeal regarding grandparents’ rights. The petitioner was the father of two children. The respondent in the case was the children’s mother. Soon after the younger child was born, the Department of Social Services started neglect proceedings against…
CPS ( Child Protective Services ), ACS ( Administration for Children’s Services ), and Judges in New York make determinations to indicate or found cases regarding neglect andabuse of children in New York or whether these determinations should stand. But, when these findings are challenged, when should an emotional neglect…
There are several different ways to approach divorce. Among the gentlest, yet sophisticated disputeresolution methods is collaborative divorce. The parties in a collaborative divorce enter into a contract (“Participation Agreement”) to negotiate a divorce settlement without involving the court, or a mediator, but rather assembling a team comprised of…
A noncustodial parent is required to pay child support to a custodial parent in New York until a child is 21 years old. In many cases, this means that support continues to be paid while a child is in college. Basic child support is calculated based on a formula using…
In New York, child support has a basic component, as well as an added component. The basic support is calculated first by looking at the initial $143,000(known as a “cap” which is current as of 2016) of combined annual parental income. The amount of the cap is adjusted every other year.…
During a separation or divorce mediation in New York, couples are expected to honestly disclose their assets. Dishonesty during this process can result in a case being set aside. In the 2015 case Moore v. Moore, an ex-husband tried to subpoena financial records from his ex-wife so that he could…
When making custody determinations, a court is likely to consider whether a custodial parent is likely to encourage the child’s relationship with the noncustodial parent. It is considered in a child’s best interests to have a relationship with both parents. This means that a court will not look favorably upon…
In some cases, divorce mediation can be the best solution for a couple who want to find an amicable way inwhich to end their relationship. It allows individuals the opportunity to settle disputes that typically arise in the instance of divorce, outside of the discomfort of a court-room setting, and…
New York Domestic Relations Law § 236 (B)(3) sets forth that prenuptial and postnuptial agreements are valid and enforceable if they are in writing, the parties subscribe to them, and they are proven in the way required to entitle a deed to be recorded. The difference between these types of…