Category Archives: Family Law
The “SUNY Cap” and How it Affects Child Support Obligations for College Costs
A key concern in many child support matters is parental responsibility for higher education costs. Though New York law does not compel any parent to pay for their son or daughter to attend college, courts can include terms for how educational expenses will be covered as part of a child support order. Given that the […]
Can Virtual Visitation Substitute for the Real Thing?
Work-related obligations and other demands of daily life can make it difficult for noncustodial parents to maintain a steady visitation schedule, especially when they live some distance from their child. During the COVID-19 pandemic, many families utilized digital meeting technology through providers such as Zoom, Apple, Google and Microsoft to stay connected during lockdowns and […]
New York Legislators Still Considering “Kyra’s Law” to Revise Child Custody Standards
Any child custody dispute has the potential to become contentious and emotional. When one parent alleges that the other poses a threat to the child they share, the situation can become even more heated. Judges are put in a situation where they must balance the well-being of the youth against a parent’s right to spend […]
Bill Aims to Establish Shared Parenting Presumption in New York
Around the country, states have taken different approaches as to whether laws governing child custody should encourage shared parenting. Generally, shared parenting jurisdictions start with a rebuttable presumption that parenting time should be split equally and legal custody should be granted jointly when parents who no longer live together. While this might sound ideal, there […]
New York Launches Simplified Process for Uncontested Joint Divorces
For many years, New York was the last state that would not allow no-fault divorce. This forced many husbands and wives to make dubious allegations of misconduct against their spouses even when the truth was that it was simply for the best that the parties go their separate ways. Finally, in 2010, the state authorized […]
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 […]
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 […]
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 […]
What Creates a Contested Divorce, and How Do You Avoid It?
In an uncontested divorce, the spouses settle all financial and parenting issues between themselves and jointly ask the court to dissolve the marriage on no-fault grounds. But when the spouses have significant differences over property division, child custody, visitation rights, child support or spousal support, the court must decide these issues, which makes the divorce […]
Are Children’s Preferences Considered in Custody and Visitation Cases?
In a divorce or separation, it can be difficult to formulate child custody and visitation arrangements that work for everyone in the family. Each parent has their own opinions about what the schedule should be. When the parents can’t agree, a judge must weigh numerous factors to decide on the right arrangement. Since every family […]
