There are several reasons to request alimony (maintenance) modification. The most common requests are for “downward modification” (lowering the payments), coming from the person paying alimony (the “alimony payor.”) They are usually connected with some type of unemployment or underemployment. In this sense, the common reasons given for alimony modification requests are similar those given for requests for child support…Read More
It usually takes several months or more for a hearing to be scheduled once a Petition for Modification of Alimony is filed. The actual time frame depends largely on where you file the application. When it comes to alimony modification, filing in Family Court tends to be somewhat faster than filing in Supreme Court. If speed is your priority, then…Read More
New York courts will look at the split between marital and separate property first. The law defines separate property as any property that existed prior to the time of the marriage, as well as any property inherited or gifted. Marital property is defined as any property or assets that are either acquired or accrue active value during the time of…Read More
Accuracy is very important. If someone says that they have a particular piece of property and it turns out they do not actually own that property or vice versa, the court can find they lied and award the non-titled spouse more assets or maintenance. In terms of income, the question of what is considered income can cause many inaccuracies. A…Read More
There is, generally speaking, a statute of limitations based on fraud. It usually runs from when the fraud is actually discovered. In New York State, it is 2 years from when the fraud is discovered (or could have been discovered “with reasonable diligence”). What Are The Penalties If It Is Found That Someone Has Hidden Assets Deliberately In A Divorce…Read More
In the state of New York, divorce cases are presumptively confidential, which means that parties’ names generally cannot be searched online to find court documents. With that being said, if someone has celebrity status or is concerned about the public’s ability to search the court system website by their name to come up with any lawsuits, that person can file…Read More
No – in New York State, all divorce cases are confidential in nature, so whether your case goes to trial or stays pre-trial, everything is protected from public disclosure (though parties names themselves may be reflected in the “E-Courts” system). In theory, if a member of the press somehow got wind of the divorce filing, they do have the ability…Read More
You should absolutely have any prenuptial or postnuptial agreement reviewed by an attorney. Yesterday, I had a client come into my office with a postnuptial agreement he and his partner had gotten off some online website. Agreements such as this are most likely unenforceable. Among many other issues, the client’s online agreement did not contain a “certificate of acknowledgement,” which…Read More
If one spouse is working, and the other spouse is not, that would usually mean the working spouse is considered the “monied-spouse” – but it depends on the amount that spouse makes. The court generally analyzes the amount the ‘monied-spouse’ makes, how much the attorneys are charging and how much money would be contributed to the less-monied spouse. It does not matter…Read More
Virtually any type of order can be modified in one way or another. Typical family court orders are orders of custody, visitation, child support and spousal support (otherwise known as spousal maintenance or Alimony). Those are the typical types of orders that will be modified. Moreover, the terms of an order of protection can be modified. Very rarely will you…Read More
