If the parties have joint bank accounts or credit cards, one can move to divide those bank accounts. One can also simply go into the joint account, withdraw half of the current balance, and deposit it into a separate account. You can cancel the joint credit cards. There is no reason to await the divorce filing. In fact, once you…Read More
In a typical divorce, debt is divided equally. Obviously, if some of the debt with one particular party is associated just with their own expenses, you may be able to argue that some of that debt should be considered their own separate debt. It works a little differently in a high asset divorce case because a lot of the time,…Read More
In New York State, there is currently a cap on income for maintenance purposes (otherwise known as alimony or spousal support) of $184,000 per year. That amount increases by $2,000 to $3,000 every year. In a really high-income case, one of the main issues at trial will be the standard of living that you became accustomed to. For that, one…Read More
The overall standard for relocation is derived from a case called Tropea v Tropea. This was a case decided over 20 years ago. The overall standard is still the best interest of the child but the case lays out some of the factors that the trial court should take into consideration, while also stating that the trial court should not…Read More
Either a father or a mother could petition for a child support order to be modified. These petitions are relatively rare. Usually, it’s the recipient of the support looking to raise support or the payer looking for a reduction of child support. What Are The Reasons That A Court Might Consider Modification Of Child Support? Usually, you’d need to show…Read More
All one has to do to ask for a modification of child support is go to the court and file a petition. The court will draft that petition; they have pre-printed forms you can fill out. One can also go to their attorney and draft a petition to file on their behalf. If you have an original divorce proceeding, you…Read More
A child support order will usually take affect the day hearing is concluded and the general rule is that the support is retroactive to the day the person filed for modifications. Can I Challenge Or Oppose The Court’s Decision To Modify Child Support? If a court has made a decision and either party disagrees with that decision, they have a…Read More
In New York, a family offense is a domestic violence crime that is, in effect, prosecuted in family court. The language within the Family Court Act, which is the statute that governs family law cases in New York, matches the language in the criminal statute. In fact, it merely refers the reader over to the criminal statute. It constitutes a…Read More
Generally speaking, petitions and temporary orders of protection are either served by the Police Department or the Sheriff’s Department. If the filer already has an attorney upon filing the petition, sometimes the judge will give them the option of having the attorney arrange for the petition and temporary order to be served. Does The Respondent Have Any Idea That An…Read More
Orders of protection generally last for two years. They can last for as long as five years, if there are aggravating circumstances. There can also be shorter orders of protection, if the parties settle or resolve the case. There also is the potential of someone filing a petition at the end of the term of the order of protection for…Read More
