In many marriages, typically the Wife has taken on the last name of the Husband. In a divorce, the Wife has the opportunity to revert back to her maiden name. However, I am often asked in the Husband can force the Wife to stop using his last name and force her to go back to […]
This blog is meant to give an introduction to Child Support in New York State. It can be used by either the non-custodial parent who has to pay child support or the custodial parent who will be receiving child support. Be forewarned, for those who do not like to do “math”, you might be intimidated […]
In a contested divorce, before there is a trial, typically, there would be several court conferences. At each of these conferences, it is possible, that a Judge might ask you some questions. Most likely, you would be under oath when answering these questions. If there is a trial, sometimes a Judge will ask a clarifying […]
Most couples know that their marriage is failing. One or both spouses are probably considering filing for a divorce. There are several reasons why you should file first in a divorce and there are also reasons why might want to wait for your spouse to file. The following are the reasons why you should file […]
If you have a 401(K), then most likely some or all of the funds in those accounts are considered a marital asset and your spouse is entitled to his/her marital share. So, the short answer is “MOST LIKELY YES”, a 401(K) is a marital asset that has to be shared. While you are married, any […]
Most divorces do not actually go to trial. Indeed, it is estimated that in New York, only about 5% of cases actually go to trial, the rest of the cases will settle – although, some of those cases will settle AFTER a trial has started BUT before the trial has ended. If you do have […]
If you are seeking to modify your child support obligation, here are ten things you should know: #1: The Burden of Proof To obtain a modification, either downward or upward, the party seeking the modification has the burden of proof to show that there has been a substantial change in circumstances; #2 What is a […]
You may know that if you open your spouse’s mail, without their permission, that you are committing a Federal crime. Similarly, if you open up your spouse’s cell phone, without their express permission, you also may face criminal or civil charges. This means that if your spouse has not given you express explicit authority to […]
In many custody cases, an Attorney for the Child is appointed by the Court to represent the child (or children) in a child custody case or in a divorce case involving children. The Attorney for the Child will meet with the child and sometimes meet with each parent. In court, the Attorney for the Child […]
When it comes to child custody and children, virtually every Judge has the same mindset. The children did not ask for the divorce and they are the ones caught in the middle. Here is what one Judge said and I would say every Judge agrees with the substance of this statement: “Your children love you […]
