Long Island Family Law and Mediation Blog
While many aspects of family law may stay the same over the years, certain components may also need to be changed to adhere to the evolving nature of life in the United States. Recently, the federal tax law was changed, with the change in the taxation of maintenance (alimony) payments that came into effect on the 1st of January 2019. According to the rules of this new law, maintenance payments delivered from one spouse to another can no longer be classed as a tax deduction for the payor. Additionally, the payee no longer has to count those payments as taxable income. What this means is that there can be greater resistance to the payment of maintenance than before.
The last update in the New York State maintenance guidelines was made at the time that maintenance payments were tax deductible to the payor and taxable income to the payee. These maintenance guidelines are still in place, and at as of the time of this blog have still not been revised by the New York State legislature. The law still reflects an environment wherein maintenance is tax deductible to the payor, and taxable income for the recipient. Accordingly the courts may decide to deviate from the guidelines for maintenance based on this change in the taxability, now that the rules are different, as deviation may be required to creating an agreement that’s fair for both parties. Continue reading ›
There are many complicated things that a couple may need to address when it comes to managing their divorce. Everything from child custody agreements, to how assets and debts will be shared needs to be considered by the parties involved. In mediation, a mediator such as myself can work with a couple to guide them through their discussions about things like equitable distribution. The process of equitable distribution isn’t just about splitting things 50/50 after all. The parties need to think about how assets and debts can be shared fairly.
There are many complicated aspects of family law. Arranging equitable distribution in a divorce can be difficult, particularly in cases where it’s hard for the couple to agree. Deciding who should get control over a family home is also a complex discussion. However, few things require more caution and careful consideration than issues associated with child custody. Not only does a child custody agreement need to be approved by a court based on an observation of what’s in the child’s “best interests,” but changing the order is a challenge. Even if a modification of child was right for the child, absent an agreement about it, the court would need to see a substantial change in circumstances before even getting to the issue of whether the modification is in the best interests of the child or children. 
As a divorce attorney and divorce mediator, I often ask questions to learn more about my clients and their cases. Many aspects of law revolve around the ability to ask the right questions at the correct times. Recently, I attended a conference at the New York State Council of Divorce Mediation, to further my education on Divorce Mediation and network with my peers. During that event, Kenneth Cloke, JD, Ph.D., and LLM provided an interesting training session on the “art of asking questions.” This session raised some interesting insights in the questions in divorce and family law mediation cases, and I’ve written this blog to share those insights with you.
to go through with a full divorce, or you need to come to terms with your partner about your future before a divorce takes place, a separation agreement can be a useful process. Whether addressed as part of a divorce mediation process or negotiated between divorce attorneys, these agreements allow clients to lay out the details of their upcoming divorce as quickly and efficiently as possible. 
end their marriage and as a precursor or first step in full divorce experience that ensues immediately thereafter. A separation agreement is a document that outlines various answers to questions that a couple might have at the end of their marriage. For instance, your separation agreement might dictate what’s going to happen to your family home when your divorce is final, or who will be responsible for having custody of the children.
their divorce. While there doesn’t necessarily need to be a legal agreement written up for people to start living apart and to say how parties should act during their separation. These kinds of agreements, however, can be helpful in some circumstances legally. Many couples find that going through the details of their separation with a divorce attorney or divorce mediator, like me, can help them to protect their rights, improve the predictability of the experience and eliminate unnecessary arguments.
relationship can no longer continue as it is, you may choose to draft a separation agreement to determine how you and your ex-spouse will live your lives outside of the marriage. A separation agreement isn’t just an alternative to a divorce. Indeed, it’s possible to go ahead with a divorce or full dissolution of a marriage once your separation agreement has been drafted and signed. What’s more, by entering into a separation agreement, you may find that the divorce procedure itself is more amicable, straightforward and simple.
go their separate ways. It may even be the case that the parties have discussed and resolved many of the issues that must be decided in a New York divorce proceeding, and have no interest in engaging in what is often a lengthy and costly legal proceeding. For these couples, New York 
In my last blog I discussed the topic of adding the option of private sessions, upon agreement of couples working with me, in divorce mediation. Most of the time, when clients come to me in search of a trained divorce mediator, they follow a certain process that begins with a joint consultation session and continues into joint mediation meetings. This mediation strategy helps to maintain trust between all of the people involved in the mediation, because it eliminates the fear that either individual may be getting extra help from the mediator. Often, for mediation to be effective, the parties need to feel as though they are getting fair treatment from a completely objective third-party. As a divorce mediator, I strive to give all the people I work with that sense of comfort. However, sometimes, they may find it helpful to take a different kind of mediation route – such as one that involves preliminary planning sessions.