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

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”

In New York children with disabilities are to be afforded reasonable accommodations in the classroom to help them learn and also have equal access to school programs, events and activities. What happens when the school does not provide that reasonable accommodation and when does a request for a specific accommodation become unreasonable? If a parentContinue reading “How to Get Reasonable Accommodations for Disabled Students In New York”

Yes there is freedom of religion, but not until you are 18 years old. Child Custody Agreements which specify a child’s religious upbringing, schooling and other particulars generally do stand up in New York Courts. Therefore it is best to be careful about what you agree to in writing regarding the upbringing of your child.Continue reading “Do Agreements About Child’s Religion and Specific Upbringing Standup in New York Courts?”

It seems obvious that family court should handle all things family but in New York Courts that is not true. According to the New York Family Court Act Section 115, the Family Court has exclusive original Jurisdiction or control, over the following: ~Child abuse and neglect proceedings~Child support proceedings~Paternity and for the support of childrenContinue reading “Why Can’t You Get a Divorce in New York Family Court?”

What if you obtain a legal separation from your spouse in New York courts and then change your mind? Lucky for you the law appears to have been designed with that in mind. It is possible to undo a judgement for separation. Pursuant to DRL 203, the court will undo a judgement of separation ifContinue reading “Which New York Matrimonial Action Can Be Undone?”

When does a New York prenuptial agreement become fully effective? In these recent New York cases, the Courts make it clear. In Fort v. Haar, 2022 NY Slip Op 66449 [1st Dept. 2022], despite the fact that the couple’s prenuptial agreement indicated that it became effective on ‘consummation’ of the marriage, the New York AppellateContinue reading “When Does a New York Prenuptial Agreement Become Effective?”