Author Archives: Diana Mohyi Attorney at Law P.C.

A family law attorney must consider the expenses that the client currently faces and will face post-divorce or other custody related proceedings. New York State only sets a new cap for child support and maintenance on a yearly basis. Therefore if the cost of goods gets dramatically higher in the course of a year, thereContinue reading “How Inflation Impacts Divorce and Other Family Law Practice”

In New York, the Family Court has the authority to impose incarceration and even probation in the event that child support is not paid and the Court finds a willful violation of the support order occurred. See, MATTER OF BERMEJO v. SUQUILANDA, 202 AD 3d 1080 [2nd Dept. 2022]. How do you show the FamilyContinue reading “What to Show a Court to Avoid a Finding of Willful Violation of Child Support?”

Are you looking for a straight forward chart which provides simple guidelines which allow litigants to estimate how much spousal support / maintenance a Court might award? In New York such a chart exists. It is applicable to final awards of maintenance not interim pendente lite awards granted during ongoing litigation. Although it is notContinue reading “What are the New York Maintenance Guidelines?”

Even if you believe you have the best possible case to bring before a Court, you can still lose. It is difficult to lose a case that you have worked so hard to prepare for. The law can be on your side and you can have plenty of evidence to present. However, in the endContinue reading “Why Divorce and Custody Trials Outcomes Are Complicated”

In New York a Guardian Ad Litem (“GAL”) can be appointed to represent the interests of a child in a Divorce or Custody proceeding. The GAL is usually a lawyer who is subject to ethics rules. The Guardian Ad Litem can also act as the Attorney for the Child and appear in Court to fileContinue reading “What is the Purpose of An Attorney for the Child in a Divorce?”

It is important not to fear the litigation process in a divorce. You should embrace it. The litigation process is in place to facilitate the resolution of the divorce proceedings. If utilized in the correct way, a divorce can be resolved more cost efficiently by using litigation tools. An experienced divorce attorney knows which toolsContinue reading “Why Litigate a Divorce?”

New York Family Courts are best known for being involved when there is some dispute to be resolved as to the children brought into the world through the relationship. New York Family Courts also offer services to help struggling marriages. The Family Court offers Conciliation Proceedings pursuant to NY CLS Family Ct Act § 921Continue reading “What is a Petition for Conciliation and How it Can Help Your Marriage?”

New York Courts are not fazed by the significant amounts of wealth that are gained and lost in finance. Even a Hedge Fund Manager has to provide the proper proof to a court which would justify a downward modification of child support. In a 2021 case the Court denied a Hedge Fund Manager’s request forContinue reading “Collapse of Husband’s Hedge Fund Does Not Justify Downward Modification of Child Support”

In New York Courts the calculation of child support is based on a standard formula up to an ‘income cap’ which may change year to year based on such factors as inflation and costs of living. For the year 2022 the income cap is $163,000. What happens when the parties’ income exceeds that income cap?Continue reading “How Does A New York Court Determine How Much Child Support to Award Above the Income Cap?”

In New York there are special statutory provisions which provide for the support of adult children who are disabled. They can receive this support as long as they had the disability before the age of 18. The Family Court Act Outlines these provisions in Sec 240-d and 413-b. It is possible to receive both SSIContinue reading “Child Support for Disabled Dependents in New York”