When parents share legal custody of a child, they typically must confer with one another regarding major decisions. If they are unable to come to an agreement as to which course of action to take on an issue, they may seek a resolution from the courts. If a court finds…
New York Divorce Lawyer Blog
Changes Adequate to Warrant Modification of Child Support
When couples with children divorce, one parent will often bear the burden of paying the other child support. Child support obligations that are instituted when children are young may need to be revisited over time, as changing circumstances may render them inappropriate. Not all changes warrant modifications to support orders,…
New York Court Discusses Imputed Income With Regard to Spousal Maintenance
In many marriages, one spouse earns the majority of the couple’s income. As such, if a couple with dissimilar incomes decides to seek a divorce, the court may find it appropriate to grant the lesser-earning spouse maintenance. The courts do not merely rely on the parties’ assertions when considering whether…
New York Court Discusses Geographical Restrictions in Custody Cases
People who share custody of a child often live in the same city, and in some cases, they may include a provision in their custody agreement that requires them to live within a certain geographical area. Circumstances can change, however, and one parent may wish to move to another location.…
Court Discusses Temporary Spousal Maintenance in New York Divorce Matters
Typically, people marry with the intent to stay together for the rest of their lives. Many marriages are short-lived, though, and last only a few months or years. Simply because a marriage does not endure for a long time does not mean that either spouse is immune from support obligations,…
Spousal Support in New York Divorce Actions
It is not uncommon for one spouse to be the primary income earner while the other spouse is tasked with taking care of the home and raising the children. When couples with disparate incomes divorce, the courts will often grant temporary or permanent spousal maintenance to the party with a…
New York Court Discusses Enforcement of Custody Agreements
Pursuant to New York law, parties in custody actions may enter into stipulations setting forth terms defining custody and child support rights, and the courts will generally affirm such agreements if they are in the best interest of the children in question. Essentially, the court-approved agreements in custody actions are…
Court Discusses Default Judgment in an Uncontested New York Divorce Case
Many divorces are contentious and require protracted litigation to resolve issues such as property division and alimony. In some instances, though, a couple’s decision to part ways is amicable, and they are able to end their marriage expeditiously via an uncontested divorce. While there are benefits to obtaining an uncontested…
New York Court Discusses Enforceability of Post-Nuptial Agreements
Many people make the practical decision to enter into marital agreements before or after marrying in an effort to protect their assets. While such agreements are designed to avoid protracted litigation regarding the division of property, in some instances, the agreements themselves become the topic of dispute. For example, parties…
New York Court Explains How Child Custody Factors Into Child Support Obligations
Raising a child is expensive, and few people can afford the cost alone. Thus, in many instances in which parents share child custody, the courts will order one parent to pay child support to the other. Numerous elements are taken into consideration in determining an appropriate monthly support obligation. Recently,…