Ending a marriage often has emotional ramifications, but some people are able to set aside their feelings and negotiate and enter into settlement agreements that set forth their rights and obligations instead of engaging in litigation. Simply because parties enter into such agreements does not always mean that they will…
New York law states that parents have an obligation to provide for their children financially. In cases in which parents share custody of a child, this often means that one parent will be required to pay child support to the other. In matters in which parents have equal custody rights,…
One of the most contentious issues in most divorces is how assets should be divided. In some cases, though, parties are able to come to an agreement independently. Separation and settlement agreements will typically be enforced by the New York courts, but they can be set aside if they are…
It is not uncommon for a party to move to a new location after divorce. When a person who shares a child with their former spouse decides to relocate, though, it may complicate their custody rights. As demonstrated in a recent New York custody ruling, the court’s principal concern in…
It is not uncommon for a divorcing couple to enter into a settlement agreement establishing their rights and obligations. If they have children, such agreements may include provisions regarding child support. While any agreement pertaining to children must be in the children’s best interests, if the courts incorporate a stipulation…
Many New Yorkers who are unsure about the status of their marriage separate before ultimately making the decision to divorce. In such instances, it is not uncommon for them to enter into a separation agreement that defines their rights and obligations. Many separation agreements are eventually incorporated into divorce decrees…
Generally, a judgment of divorce issued by a New York court dissolves a marriage and determines the rights and obligations of the formally married couple. In some instances, though, justice requires that such judgments be set aside. For example, as explained in a recent New York ruling issued in a…
In New York, when determining whether to impose child support calculations, the courts will assess, among other things, the parties’ income. In doing so, the court will not only evaluate the parties’ stated income but may also impute income to them based on the evidence of record. This was demonstrated…
In New York, judgments of divorce will typically not only legally end a couple’s marriage but will also establish their rights and obligations with regard to child support, spousal maintenance, and property division. As such, if a party fails to comply with the terms of a divorce judgment, they can…
Most divorces in New York are resolved through a settlement agreement. Written Settlement Agreements set forth the terms of the parties’ division of property and support obligations. Generally, the courts will incorporate such settlement agreements into the final divorce decree and enforce them as they would other contracts. This means,…