Category Archives: Family Law

You may have thought that separate property can never become marital property but that is a fallacy. It can easily be done when someone fails to think properly about the consequences of changing the form of assets or their location. How could you possibly change separate property like inheritance into marital property? It’s called transmutation.Continue reading “The Danger of Transmutation: Changing Separate Property into Marital”

In New York, Children can be removed from child support, otherwise known as emancipated, for a list of reasons. Typically the reasons have to do with the lack of need to support the child because the child has taken on adult behaviors or is self supporting. But there are other reasons.  The following are typicalContinue reading “When do a child’s actions cause child support payments to end?”

Legal and physical custody are the different legal rights that a parent has over a child. However, one should not get too attached to the meaning of being granted legal or physical custody because in the end both parents have a right to be involved in the child’s life assuming a parent is not dangerousContinue reading “What is the difference between legal and physical custody?”

Generally the requirement to pay child support is not based on whether you married the mother but on your genetic link to the child. Improper donation of genetic material can cause you a lifetime burden and a huge never ending headache because you may be responsible for the child that it becomes apart of. YouContinue reading “Genetic Donor Pitfalls: Why You Don’t Donate Sperm by McDonalds Cup And More…”

For decades it was common for the mother to automatically get custody of the children. The result was so frequent that the perception became that it was purely the fact that the mother was the birther of the child that caused the result. However, there are reasons why the mother may not always get custody.Continue reading “When Does the Mother Not Get Custody?”

Sometimes your ex does not wait to start a new family and you find yourself alone watching him or her start their new family unit. You may be tempted to bad mouth your ex and their family but think twice. You may lose custody of your child by such antics.  The Courts prefer to placeContinue reading “The Quickest Way to Lose Custody: Bad Mouthing Your Ex’s New Family”

Despite the impression that some high profile cases make, no one can choose which jurisdiction they want their case to be heard without having a significant tie to it. New York, like other states, has enough of its own matters to deal with and does not want to deal with cases in which the partiesContinue reading “The Residency Requirement for Divorce and Family Court Actions”

When creating a blended family, one might consider adopting your partner’s child as a sign of your love extending to your partner’s family. However, you must consider the possible ramifications of engaging in what you consider an act of love. You could be chased down for child support in the future.  In certain circumstances, itContinue reading “Why Adopting Your Partners Child Means Your Liable for Child Support”

Under New York and Michigan Law, by default, all property is considered marital property. It is the burden of proof of the party claiming that the property is separate property, to prove that it is separate property. Even if the property is clearly separately owned by the titled spouse, the court will order an expertContinue reading “Why is a Prenuptial Agreement a Key Business Protection Tool?”

In New York, child support for one child is generally 17% of the combined income of the parents combined income. However that does not mean that the child support seeker can get 17% of a billionaire’s income. Courts may apply the 17% to the total combined income but they are not required. The court willContinue reading “Why a Billionaire Does Not Pay Child Support Based on His Entire Income”