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How Is Child Support Determined When the Parents Have Joint Custody?

In New York, courts determining child support aim to balance equitably the financial responsibilities of parenting. A complexity arises when parents share physical custody of their child with an approximately equal distribution of parenting time. Under such circumstances, there can be a twist to the traditional model of designating a custodial and a non-custodial parent […]

What to Expect in the Probate of a Will in New York

The role of a personal representative, also known as an executor, is a pivotal one in the administration of a deceased person’s estate in New York. This responsibility encompasses a series of steps designed to ensure that the decedent’s wishes, as expressed in their will, are honored, and that the estate is settled in accordance […]

How New York’s Revised Law Will Change Rape Prosecutions

New York’s adoption of the “Rape Is Rape Act” marks a significant shift in the prosecution of sexual offenses in New York State. This law, set to take effect on September 1, 2024, broadens the definition of rape to include any form of vaginal, oral or anal sexual contact, whereas the current law limits rape […]

Deciding Between a Revocable or Irrevocable Trust

In estate planning, a trust is a legal entity that you create to hold assets for and distribute them to designated beneficiaries. One of the chief advantages of a trust is that the assets it controls are exempt from probate, the court process for administering a decedent’s estate. This allows your beneficiaries to gain access […]

N.Y. Mental Health Courts Offer Treatment Alternatives to Prison

Mental Health Courts are specialized programs designed to address the unique needs of individuals with mental illnesses who are charged with criminal offenses. These courts aim to divert these individuals away from traditional criminal court processes and into supervised plans that focus on mental health treatment and support. New York has implemented mental health courts […]

How Domestic Violence Can Affect Property Division in a Divorce

Gone are the days in New York when one spouse needed to show the other’s wrongdoing in order to obtain a divorce. Nowadays, divorces are typically granted on no-fault grounds, namely an irretrievable breakdown in the marriage. However, that doesn’t mean fault is wholly irrelevant. One spouse’s mistreatment of the other can affect the way […]

Differences Between Federal and State Prosecutions in New York

A criminal defendant has substantial rights under both state and federal law. The U.S. Constitution establishes certain minimum protections of civil liberties. However, the states are free to enact legislation that provides even greater protection of individual rights. Certain sections of New York’s penal code include protections that exceed the requirements of the federal system. […]

Common Estate Planning Mistakes and How to Avoid Them

The purpose of estate planning is to make decisions now that will protect your property later in your lifetime and ensure that it will pass to your intended beneficiaries efficiently after you’re gone. It’s an unpleasant task that is too easily put off, and many people don’t give it the attention it deserves. Worse still, […]

How Prosecutors Try to Prove “Intent to Sell” in Drug Possession Cases

The State of New York regularly prosecutes drug crimes. The state penal code distinguishes possessing drugs for personal use from selling drugs for profit. The penalties for selling illegal drugs are much more severe. To convict someone of “possession with intent to sell” the state must prove that the accused planned to sell or distribute […]

When Can Grandparents Be Awarded Child Visitation?

Many grandparents treasure the relationships they maintain with their grandchildren. Sometimes, however, this precious connection can be disrupted. After a divorce, the custodial parent might not want or care to see their ex-spouse’s family, and the non-custodial parent might have a limited visitation schedule with their children, during which they will want to concentrate on […]

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