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Articles Posted in Evidence

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When is reported income disregarded for child support or alimony (maintenance) in New York?

When calculating income for child support or temporary maintenance (alimony), according to the New York Domestic Relations Law and the Family Court Act, the Court may, if the court believes it is appropriate, add in or “impute” income to people. The statutes outline some enumerated items to be considered for…

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Children’s Statements and Hearsay Exceptions in New York Divorce and Family Law

Out of court statements offered for the truth of the matter asserted are hearsay under the evidence rules and are not admissible at a trial or hearing, unless they fall under a hearsay exception. This blog is intended to help give an understanding about the applicability of the hearsay rules…

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How are Juvenile Delinquency proceedings treated in New York?

Juvenile delinquency cases are handled in the New York Family Courts.  If a child is determined to be a juvenile delinquent, the court is there to issue an order that not only is designed protect the community, but is also there to consider the needs and best interest of the…

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New York Divorce Trials and Evidence Rules

Trials and hearings, in New York divorces, can be on the topics of grounds, custody, support and equitable distribution.  While the majority of cases settle prior to trial, many trials are still necessary on some or all of the issues.  Although other hearings are possible, such as on contempt or…

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