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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 Enacts Law Relieving Domestic Violence Survivors of “Coerced Debt”

Increased attention on domestic violence has identified numerous ways in which victims can be harmed by their partners. In some cases, an abusive spouse, roommate, lover or family member inflicts physical injuries. Other times, coercive behavior or the threat of force can compel victims to take actions that are not in their own best interests.  […]

Shoppers Face Several Types of Injury Risks When Stores and Malls Are Not Careful

With the holidays approaching, stores and shopping malls are more crowded than at other times of the year. Whether people are jamming supermarket aisles in preparation for a family dinner or heading to the mall to buy presents, business owners need to be aware of potential hazards. Even a brief lapse, such as the failure […]

New York Drug Treatment Courts Offer Relief to Accused Individuals With Substance Addictions

Despite decades of harsh drug laws in New York and elsewhere, substance addiction still causes widespread death and misery. Many authorities and experts have concluded that long prison sentences are not the best solution for some individuals convicted of drug crimes, and might even make things worse for people struggling with the abuse of controlled […]

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 […]

Deadly Driving Bill Would Make it Easier for New York to Prosecute Allegedly Drug-Impaired Motorists

Traditionally, enforcement of impaired-driving laws hinged on the result of breathalyzer tests or other methods of determining a motorist’s blood-alcohol concentration (BAC). Though these tests are not perfect and can be tainted by poor administration or the sloppy handling of samples, they provide a measurable reading of whether a driver exceeded the applicable level of […]

State’s Court of Appeals Clarifies What Triggers a No-Contest Clause

Many people who want to be sure that their estate planning wishes will be honored include no-contest provisions in their wills and trusts. Also known as in terrorem clauses, these instructions are designed to deter beneficiaries from contesting the legality of a testamentary instrument by preventing someone who issues a challenge from collecting what was […]

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 […]

Should You Change Your Plans Due to the Potential Reduction in the Estate Tax Exemption?

Many people associate prudent estate planning with the creation of a will or trust. However, no one should stop paying attention to estate planning once they’ve signed their documents. In some cases, life changes, such as a divorce, estrangement or new child, compel a shift in priorities. Other times, legal developments might justify revisions.  When […]

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