Tag: divorce agreement

Incorporating Summer Plans into Your Divorce Agreements

by David Badanes | July 8, 2021

The start of summer means the start of camps, pool play dates, beach days, vacations, barbecues and more. For a divorced family, this could also mean conflict, disagreement and clashing plans. Therefore, it is important to have a summer strategy in place within a divorce agreement to avoid serious issues later on. If you are going through a divorce or are considering a divorce, and you have children, you should think and plan for issues that summertime might bring.

Mr. David Badanes Esq. of Badanes Law Office on Long Island has shared advice on what divorced parents should include concerning summer in a divorce agreement.

  • Camp: Sending kids to summer camp is a popular choice for parents and kids everywhere. Whether kids attend day camp or sleepaway camp, this is a great option to fill the long summer days. Getting divorced should not change plans for a child attending camp. If your children typically attend summer camp, it is a good idea to continue this tradition. It is important to keep as much consistency in a child’s life as possible when a family goes through divorce. In many situations, a court may order you to continue sending your children to camp. Although your finances may be stretched thin, it is important to keep consistency a priority in your children’s lives. The parent who pays for camp will depend on the income of both parties. Camp is typically viewed as a substitute for childcare, and in those situations, payment is in proportion to your income (pro-rata).
  • Vacation: Summertime often equals vacation time, and your divorce agreement should allow time for a summer vacation with your children. In a typical agreement, you should have two weeks of vacation time with your children, but they may not be consecutive weeks. Where you go on vacation is up to you, but keep in mind that you may not be able to afford what you could prior to the divorce. You could always do some searching on the internet for vacation ideas within your budget.
  • “Staycation:” If you are unable to afford a vacation, you could always enjoy a “staycation,” and explore the fun areas of where you live. If you live here on Long Island, there are many options for an awesome “staycation” including the beach, New York City, museums, parks, and trips to Fire Island, Montauk, or the East End.

It is important to include summer plans in your divorce agreement. Remember to think about specifics for camp and vacations so you can avoid any issues after the divorce is final. As always, keep your children the priority and consider what is the best-case scenario for the children to have a fun summer, full of adventure, and quality time with both parents.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. If you are contemplating getting a divorce, and need an attorney to represent you, call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

Please like us on Facebook, Instagram, Twitter, or LinkedIn to get important legal news, tips and articles.

Children’s Sports Participation After Divorce

by David Badanes | May 20, 2021

Divorce is an already complicated process that can get even more complex when the case at hand involves children. There are many elements to discuss when it comes to children that should be included in the official divorce agreement. One important aspect that cannot be overlooked is a discussion about the children’s participation in activities such as sports. Children often deeply care about sports, and since these activities require money, scheduling, and transportation, it is a topic that is necessary to discuss in a divorce agreement.

Mr. David Badanes Esq. of Badanes Law Office on Long Island has shared what should be discussed in a divorce agreement between parents of a child who participates in sports.

  • Payment: Parents should discuss and decide who will pay for registration fees, who will pay for equipment (shoes, pads, uniforms, etc.) and who will pay for travel expenses. These expenses may recur every month, season and/or year, so a payment plan should be outlined in the agreement.
  • Transportation: When children participate in sports, they commit to attending practice, home games and away games. Divorced parents need to arrange who will transport the child to all these events, especially games that are out-of-town.
  • Participation: Divorced parents should agree upon how many sports the children are allowed to participate in at a given time. Scheduling is an important factor to consider when looking into the time your child has available to put aside for sports.

In addition to ensuring these necessary elements are a part of the divorce agreement, divorced parents should also strive to put the needs of the children first at sports events and put their own personal issues aside. Mr. David Badanes Esq. recommends divorced parents of children in sports heed these specific reminders.

  • Both parents can attend sporting events. Even if the child has parenting time with a specific parent during the time of a sports activity, both parents can still attend the event. A custody schedule does not prohibit parents from seeing their child at sports games.
  • Let the child choose. When it comes to which sports the child participates in, it should always be the child’s choice. The type of sports the child participates in should not be according to what a parent wants. Though a parent may be extremely passionate about a specific sport, children’s interests often change day by day—a child may want to play basketball one day and soccer the next.
  • You are there to cheer on your child. Your child’s sports event is not the place to discuss anything about the divorce or post-divorce issues. While attending the event, refrain from fighting with your ex-spouse. Instead focus your attention to your child playing his/her game.

If your child participates in sports, it is vital the divorce agreement determines all issues involved in the child’s sports participation. This will allow for a smoother transition for not only the parents, but most importantly the children who will inevitably feel the stress of the divorce as well.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. If you are contemplating getting a divorce, and need an attorney to represent you, call David Badanes and the Badanes Law Office today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

Please like us on Facebook, Instagram, Twitter, or LinkedIn to get important legal news, tips and articles.

How To Handle An Ex-Spouse That Does Not Abide By The Divorce Agreement

by David Badanes | July 9, 2018

A divorce agreement issued by the court is a legally binding contract. As such, if either party refuses to follow the divorce agreement, you have a few options on how to handle this situation.

  1. You can have your attorney (or you can do this yourself), send a letter outlining exactly how your ex-spouse is not following the divorce agreement (in other words, how they are in breach of the agreement). Depending on what your divorce agreement states, you may have to give your ex-spouse a certain number of days to rectify their breach.
  2. If your ex-spouse ignores your letter or does not fully rectify their breach, then you will have to file a Motion or an Order to Show Cause to the Court. The Motion (or Order to Show Cause) will state that your ex-spouse is in breach and what you are seeking. In many situations, you may be able to request your attorney’s fees.
  3. You may also ask the Court for a finding of “contempt” and that your ex-spouse should be incarcerated. If your ex-spouse is found to willfully breach the divorce agreement, and the Court believes the breach is serious enough, they could order that your ex-spouse be incarcerated.

In general terms, these are the most common examples of how an ex-spouse breaches a divorce agreement:

  • Failure to pay Child Support: The Court treats the failure to pay child support very seriously. If your ex-spouse is not paying you child support, you should immediately go to court to seek relief.
  • Failure to pay Spousal Maintenance (alimony): Similar to not paying child support, the Court will treat this very seriously.
  • Failure to follow the parenting time arrangements: Unlike the failure to pay child support or spousal maintenance, here the Court will be more lenient.
  • It is important to note that just because your ex-spouse doesn’t pay child support, this does not mean that you can prevent your child from visiting your ex-spouse.

Divorce can present many challenges, even after the divorce is finalized. David Badanes, Esq. and the Badanes Law Office, P.C. can help you and will answer all your questions about the divorce process. David Badanes and the Badanes Law Office, P.C. can be contacted at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office, P.C. has offices in Northport, Suffolk County and in Uniondale, Nassau County.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

How Old Must A Child Be To Have A Say In Where They Live Or Visit?

by David Badanes | July 5, 2018

In New York State, a child’s preference on where they want to live MAY be one of factors that a Court can consider when awarding custody. Once a child turns 18 years of age, they have the absolute right to decide where they want to live, and the Court cannot overturn that decision. However, what about before a child turns 18 years of age, how old must a child be for the Court to consider their preference?

The general rule is that the older a child is, the more influence a child’s preference will have on where they live. Certainly, most Courts will state that once a child turns 16 years of age, their preference will be strongly considered. However, this is not an absolute rule, and a Court can decide that even a 16 or 17 year old’s preference is not to be followed or considered.

A child between the age of 13 and 16, will also have their preference seriously considered. Yet, there are many Courts that will discount a child between these ages. In general, a child who is younger than 13 years of age, will have less of a say on where they live.

It is important to note, that each situation is unique and that there is no rule that says that a child younger than 13 doesn’t get to decide where they live.

What happens if the court grants one parent custody and years later the child wants to live with the other parent? What was once in the best interest of an 8-year old child may not be what is best for the child when they are 16. In those situation, a parent can petition the Court to modify the custody arrangement and based on the now 16 year’s old preference, may take that into serious consideration. The court makes these decisions on a case by case basis, and ultimately, the verdict will be the living arrangement that is in the best interest of the child.

Child custody and visitation can be a very difficult road to navigate. David Badanes and the Badanes Law Office, P.C., have represented countless clients and helped them navigate child custody issue in their divorce or in their family court action.. If you are seeking a divorce or custody, contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Divorce, Summer and Your Children

by David Badanes | July 2, 2018

Well, summer is here, and you are in the middle of a divorce or thinking of getting divorced. How are you going to share the children during the summer? Here are a few ideas:

  • Camp: If your children have traditionally gone to camp, then it probably will be a good idea to keep sending them to the same camp. Although, now your finances may be stretched a bit thin, keeping as much consistency in the children’s lives is paramount. Indeed, in many situations, a Court may order you to keep sending the children to camp. As for who pays for the camp, that would depend on your income and your spouse’s income. Typically, camp is considered a substitute for child care, and in those situations, payment would be in proportion to your income (pro-rata).
  • Vacations: Whether or not your children goes to camp, if you have the time and the resources, this may be a good time to take your children on a vacation. It doesn’t have to be the “all-inclusive, five-star vacation”, almost any vacation or place will do. There are many good ideas on the internet on where to go and how to save money on your vacation. Typically, you should be able to have two weeks of vacation time with your children, although it will be non-consecutive.
  • The so-called “staycation”: If you can’t afford to go away, you can still enjoy a “staycation”. If you live here on Long Island, there are many opportunities and places to visit. Of course, there is the beach, but, there is also New York City, museums, parks, trips to Fire Island, Montauk or the East End.

In your divorce, it is very important to make sure that you include the ability to take vacation time with your children and to include terms and conditions about camp. You want to make sure your divorce agreement is very specific as to vacation and camp, to avoid any issues after the divorce is final.

David Badanes and the Badanes Law Office, P.C. have represented and help numerous clients in making sure they get vacation time with their children. If you are thinking of getting divorce, then call David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale, across from the Nassau Coliseum).

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Do I Have To Keep Bringing The Children To See My Ex-Spouse If The Ex-Spouse Constantly Doesn’t Show Up?

by David Badanes | April 25, 2018

In some situations, you may be bringing the children to see your ex-spouse, yet, the ex-spouse isn’t there or constantly doesn’t show up. In those situations, here is what you should do.

  1. If your ex-spouse generally does show up, but isn’t there, then you should give him/her at least 15 minutes to show up. You should also send a text message reminder to your ex-spouse stating that you will be meeting them at the specified time. If, after 15 minutes, your ex-spouse doesn’t show up, then send another text message saying that you are leaving and that he/she can call you when they are ready to pick up the children.
  2. If your ex-spouse hasn’t shown up for months, then you should send him/her a letter, via certified mail, return receipt requested, stating that you will no longer bring the children to see him/her. I would highly recommend having your attorney write this letter. If your ex-spouse responds to the letter, stating that he/she will now show up, then you should bring the children to see him/her.

In situations where the ex-spouse doesn’t show up to see the children, there are no “cookie-cutter” answers. It is important to protect your rights and to make sure that you are not violating any court orders. This is why it is best to make sure that you document what you are doing and to inform your attorney.

If you need help with your divorce, post-divorce or any other issue involving child custody or child support, David Badanes and the Badanes Law Office, P.C., have the experience and knowledge to help you. Contact David Badanes and the Badanes Law Office, P.C. at 631-239-1702, email at david@dbnylaw.com or visit our website: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Can I Make Up Lost Parenting Time With My Children?

by David Badanes | April 18, 2018

After your divorce, if there are children involved, each parent will have designated parenting time (sometimes called “visitation time” or “parental access time”). For example, one parent may have alternating weekends plus weeknight visits, or each parent may have 50% of the time with the children.

Oftentimes, either the non-custodial parent will lose some of their parenting time due to illness, work or some other valid reason. Whether or not that parent is entitled to “make up” time, depends on two factors: (1) Does the divorce agreement address “make up” time for the non-custodial parent’s missing parenting time? and (2) The relationship (or lack thereof) between the two parents.

In most divorces, there will be a divorce agreement (usually called a “Stipulation of Settlement”). The agreement will specify when each parent has parenting time with the children. The agreement can also have a provision for make up time.

However, typically, make up time is for when the custodial parent takes a day or a weekend “away” from the non-custodial parent. This, happens when there is a holiday, birthday, or other special event that takes away from the non-custodial parent’s parenting time. In those instances, the non-custodial parent is “due” make up time as it was the custodial parent who was “at fault” for the non-custodial parent missing parenting time.

In contrast, it is extremely rare for a divorce agreement to address or allow a non-custodial parent make up time for when the non-custodial misses time due to the non-custodial parent’s “fault” (meaning, illness, work or other reason). In those instances, the reason for the missed parenting time was due to the non-custodial parent’s action.

Therefore, unless your divorce agreement explicitly states that the non-custodial parent is allowed make up time due their own illness or other valid reason, in order to obtain make up time, in those situations, is to rely on the relationship between the divorced parents.

If you are lucky enough to have a working relationship with your ex-spouse, then you can always request make up time or to switch parenting time with your ex-spouse. Of course, your ex-spouse is under no obligation to give you make up time, however, perhaps they will realize that in the best interests of the children, it is best that they have as much time with both parents as possible.

David Badanes and the Badanes Law Office, P.C., have the knowledge and experience to make sure that you receive the best parenting time schedule as possible. If you need an aggressive attorney to represent you in your child custody dispute, then contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Holidays With Children During Your Divorce Proceedings

by David Badanes | October 30, 2017

You have children and you are in the middle of your divorce and are unsure on how to handle the holiday season. The holiday season can be the most stressful and most contentious part of a divorce.

Here are some tips on helping you get through the holiday season:

  1. Make decisions ahead of time: The time to decide on how to split the holidays is NOW, not on the day before Thanksgiving, Christmas or Hanukkah. If you and your spouse can’t come up with a plan, then you need to contact your divorce attorney as soon as possible, so that a plan can be worked out. If necessary, your attorney may need to go to Court to make sure that you get to see your children during the holidays.
  1. Allow the children to spend time with both parents: After your divorce, many divorce agreements will alternate the holidays, such that one parent will get Thanksgiving or Christmas Day one year, and the other parent will get Thanksgiving or Christmas Day the next year. If your divorce is still ongoing, and this is the first holiday that is affected by the divorce, you may want to consider splitting the day or even spending the day together.
  1. But, spend some time with the children alone. If you have some vacation days, or simply on of your usual days off, it might be a good time to spend some time with the children alone around the holidays. Each parent should work out a plan so that they can spend the day or a few days, after Christmas or Hanukkah, alone with the children. This should be a non-stressful vacation day, and not about which parent can out-spend the other.
  1. Gifts: You might be tempted to buy the most expensive or best gift for the children in an attempt to out-gift the other parent. However, with a separation and divorce, money can usually be very tight. Gifts don’t need to be expensive to be appreciated. Sometimes, the least expensive gifts are the ones that are most cherished.

David Badanes and the Badanes Law Office, P.C. have prepared numerous clients in their divorces. If you are thinking of getting divorced, and live in Suffolk County, Nassau County or New York City, call David Badanes at the Badanes Law Office at 631-239-1702 or email at david@dbnylaw.com. We have offices in Northport and Uniondale.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

What Is The Right Of First Refusal In Child Custody?

by David Badanes | August 16, 2017

In many divorce agreements, each parent may get what is informally called the “right of first refusal.”  What does it mean? And why is it important?

The best way to explain the usefulness of the right of first refusal is to give an example. Let’s assume that it’s your ex-wife’s weekend with the children, however, she has decided to go away for the weekend with one of her friends. She could have switched weekends, but, decided not to. Instead, she wants her mother or a friend to watch the children. But, wait you say, I’m free this weekend to watch the kids, let me do it, instead of your mother. If you have the right of first refusal, then you can asset this right and state, I have first right over your mother, friend or anyone else to watch the children.

The right of first refusal gives you the first option to watch the children when it is the other parent’s time with the kids, but, can’t do it. It usually only applies after a specified number of hours or days. So, it doesn’t apply, when the parent can’t watch the children for a short time (let’s say 8 hours or less).

If you have the right, it doesn’t mean you have to use it, it is your option. So, using the above example, if the ex-wife gives you the option to watch the children for the weekend, but, you can’t do it, then, you can say no.

The right of first refusal in child custody is useful as it makes sure that as one of the parents you get to watch the children before someone else does. It basically ensures “common courtesy”.

Do you need an attorney to help you through the divorce process? Call the Badanes Law Office. We have the knowledge and resources to help you get through your divorce on Long Island, NY. Contact David Badanes, Esq today by calling 631-239-1702 or send an email to david@dbnylaw.com.

Please like us on our office Facebook page to get important legal news, tips and articles: https://www.facebook.com/BadanesLawOffice/.

What Does The Settlement Of A Divorce Mean? Video

by David Badanes | October 25, 2016

Straight talk with David Badanes, an experienced divorce attorney on Long Island, New York.

What does the settlement of a divorce mean?

If you are getting divorced, 90-95% of the divorces settle before actually going to trial. They may settle on the day of trial, however, again 90-95% of divorces actually settled before going to trial.

So settlement means you and your spouse will enter into an agreement or a contract that will explain all the information that’s involved in your divorce from A to Z.