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?”
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Child Support for Disabled Dependents in New York
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”
How to Get Reasonable Accommodations for Disabled Students 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”
Do Agreements About Child’s Religion and Specific Upbringing Standup in New York Courts?
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?”
Why Can’t You Get a Divorce in New York Family Court?
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?”
Which New York Matrimonial Action Can Be Undone?
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 Effective?
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?”
Why Temporary Change to Parenting Time Due to COVID-19 Does Not Change Custodial Environment
During the height of the Covid-19 pandemic some parents agreed to temporary changes in parenting time out of fear that the children would be exposed to the virus. The parent who ended up with less time may be faced with the question of whether this agreement was meant to be temporary or long lasting, whenContinue reading “Why Temporary Change to Parenting Time Due to COVID-19 Does Not Change Custodial Environment”
What is the Burden of Proof in a Divorce & Family Law Case?
A ‘burden of proof’ is a party’s obligation to submit a certain amount of evidence to prove one’s desired result should occur in a matter during a hearing or at trial. Most people are familiar with the burden for criminal trials which is ‘beyond a reasonable doubt.’ What are the burdens of proof in familyContinue reading “What is the Burden of Proof in a Divorce & Family Law Case?”
What are the Michigan Adoption Factors Used to Determine Whether an Adoption is Granted?
In a Michigan Adoption the Court evaluates whether to grant a adoption using certain factors which are similar to the best interests factors in child custody. Similar to custody cases, these factors focus on the best interests of the adoptee foremost and are codified in MCL 710.22(g): (i) The love, affection, and other emotional tiesContinue reading “What are the Michigan Adoption Factors Used to Determine Whether an Adoption is Granted?”