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Articles Posted in Divorce

Couple-Home-300x200Maintenance is a common consideration in many divorce cases, wherein extra support needs to be offered to a specific spouse. In many divorces, the less-monied spouse seeks temporary maintenance to help with the costs of getting legal representation and supporting themselves when the divorce is ongoing. At times both temporary maintenance and post-divorce maintenance (support given at the end of a divorce), can help to preserve a spouse’s financial wellbeing during the case and when a marriage is dissolved.

Any maintenance order given by the courts in New York, whether temporary, or post-divorce in nature, has the possibility of being retroactive. This means the party seeking support may receive payments owed backward from the moment they applied for this support. For individuals attempting to get back on track as quickly as possible, it’s important to ensure you’re getting access to all of the financial support owed.

Notably, temporary maintenance is not subject to the same advisory schedule for duration as post-divorce maintenance. Let’s take a closer look at the complexities of calculating maintenance arrears in the case of temporary maintenance. Continue reading ›

Baby-and-Mom-300x200During a divorce or separation between parents, and for parents that were never married, there are various issues which need to be considered to ensure the long-term safety and wellbeing of the child. In New York, the courts will often do everything in their power to ensure the negative impact of a divorce, or parents that do not live together, on a child is as minimal as possible. While the end of a relationship, whatever the length (long term or a one-night stand), or a marriage between two parents can be upsetting for a child, it shouldn’t negatively influence that child’s ability to thrive in life.

Sometimes, to ensure a child continues to access the opportunities they would have had should their parents have stayed together, or to simply take care of their needs, the court will need to order child support. This payment, given to the primary caregiver or the residential custodial parent of the child, helps to ensure they can give the child the best quality of life without the presence of the other parental figure.

In most cases, child support is calculated according to a specific formula. However, certain children will have advanced or specific needs which require the standard formula for child support to be reconsidered. For children with special needs, additional considerations will often contribute to the decision of how much child support a non-custodial parent should pay. These special needs can also influence how long support is awarded for.  A law just signed into effect in New York now extends the age of child support for special needs children.  This can mean proceeding with or defending against an onslaught of child support petitions in Family Court, or post-divorce judgment motions in the Supreme Court for special needs children that have already aged out. Continue reading ›

Side-View-Couple-Fight-300x200If you’ve followed my bullet point series on orders of protection until now, you’ll know that these documents can be a common consideration in a range of divorce and family law cases. When a family “offense” takes place, causing danger to a specific member of the family unit, an order of protection can be issued to protect that individual.

Orders of protection appear in both family court, and the criminal court, depending on the case in question. For today’s segment on this order of protection series, we’re going to be looking at the differences in the ways different courts address orders of protection.

As usual, you can find additional guidance on the topics mentioned here throughout this website. Continue reading ›

Couple-Staring-300x200Welcome back to this series of bullet point guides on the topic of “Orders of Protection”. In this bullet point guide, I’m aiming to provide you with some useful information that may be helpful when making decisions about your Order of Protection case.

Today’s segment of the bullet point guide series examines what happens when someone needs to be removed from a home as part of an order of protection case. We’ll also be looking at how immediate hearings might be necessary in these cases, and why this is crucial. Continue reading ›

Finger-Pointing-300x200Welcome back to another issue in our family law Order of Protection Series. This guide follows the similar guides I’ve created in the past for child custody and equitable distribution. If you’d like to learn more about custody, orders of protection, and the other issues mentioned here, you can find more blogs here and pages on my website.

Orders of protection can be a complex part of family law. Though they’re similar in some ways to restraining orders, these orders don’t necessarily lead to the same legal actions. Although, orders of protection do require the person in question to avoid certain activities.

This guide aims to make complex concepts easier to understand in family law. For instance, in this segment, we’ll be talking about custody orders, and how long orders of protection might last when issued by the family court. Continue reading ›

Couch-Couple-300x200Welcome to your complete bullet point guide to orders of protection involving family members, and family offenses. This series is inspired by the other guides I’ve created on this blog to help my clients understand complex topics like divorce, equitable distribution, child custody, and child support.

Orders of protection can be a sensitive area of family law, and something that many people struggle to fully understand. Usually designed to keep people safe in a complex situation, these orders can be crucial to helping someone move on with their life after a marriage or relationship comes to an end.  It is also important for a person to defend themselves when someone is seeking an order of protection against them.

In this part of our guide, we’ll be looking at defining the order of protection, comparing it to a restraining order, and understanding how “family members” and “family offenses” are classified by the New York courts. Continue reading ›

For a while now, I’ve been working on bullet point series on my website as a way of delivering usefulCouple-fight-tie-300x227 information about family law in an easy-to-consume format. Recently, I finished a serious on child support. Today, I’m starting a new series which will revolve around orders of protection and family offenses.

Orders of protection are an important component of family law, and something that is available to “family members”, which could include not only related people but those that are or were in intimate relationships or have a child or children in common.  Sometimes they come up in divorce cases as well.  However, just like many aspects of family and divorce law, the order of protection can also be a little tricky, and at times challenging to get your head around.

Today, we’ll be looking at temporary orders of protection, or pendente lite orders in a divorce. We’ll also be discussing the concept of surveillance and whether the use of a PI violates an order of protection. Continue reading ›

Baby-Steps-300x195It’s no secret that dealing with issues of family law is tough. Whether you and your ex-partner agree that you’re better off apart or not, separating the lives of two married people or two parents, unmarried or married, can be complicated. The process becomes even more complex when children are involved.

When spouses or parents share a child or children, there are various additional decisions to be made about custody, parenting time, and child support. This bullet point guide aims to answer some more of the questions you may have about child support.

Throughout the course of this most recent blog series, we’ve discussed many aspects of child support and family law. In this edition, we’ll be looking at the circumstances under which a child support order can be modified, and whether the family court can deal with child support at the same time as a divorce. Continue reading ›

We’re back for another instalment of this bullet point guide for child support.couple-chairs-300x200

If you’ve been following this blog for some time, you’ll know that I post both full articles, and bullet guides designed to offer support for people considering divorce and family law cases. It can be difficult to know where to start when you’re approaching divorce, but it’s important to ensure that you do consider all of the major issues that might affect you and your family.

In this guide, we’re looking at child support, and the way it’s paid to a custodial parent. This portion of the child support guide will discuss the options parents might have to make decisions through mediation and agreements made outside of court. Continue reading ›

Kitchenfeeding-300x200Welcome back to this bullet point guide series on child support.

If you’ve been reading through these quick articles on my blog, you’ll know that I’m curating information from the articles elsewhere on my blog from over the years, to provide an easy way to find answers to your child support and family law questions.

In this guide on child support so far, we’ve covered a wide number of issues, ranging from when it’s appropriate to expect to pay support beyond the guideline limits in New York, and what it means to apply equitable estoppel in paternity cases to prevent a DNA test.

In this section, we’ll be looking at the complexities of deciding which parent should have the right to claim a child as a dependent in a child support case. We’ll also address remarriages, and the impact they might have on a child support order. Continue reading ›

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