The Quickest Way to Lose Custody: Bad Mouthing Your Ex’s New Family

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”

The Residency Requirement for Divorce and Family Court Actions

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”

Why Adopting Your Partners Child Means Your Liable for Child Support

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”

Why a Prenuptual Agreement is a Key Business Protection Tool

Under New York 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 expert to beContinue reading “Why a Prenuptual Agreement is a Key Business Protection Tool”

Why a Billionaire Does Not Pay Child Support Based on His Entire Income

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”

Family Court vs Supreme Court – The Cost Benefit for Custody Proceedings

Even Miranda Priestly had to go to think about the best option to get custody of her twins so why wouldn’t you?  Different costs and benefits exist in a decision to start the dissolution of your family unit in family court versus supreme in a New York Custody battle.  As I mentioned in a priorContinue reading “Family Court vs Supreme Court – The Cost Benefit for Custody Proceedings”

When is a Child Support Modification a Bad Idea?

You see your ex in a brand new car and you rush to file a petition for an upward modification of child support in family court. What could possibly go wrong?  A Child Support Modification is typically allowed every three years, when the party’s income changes by at least 15% and only with a substantialContinue reading “When is a Child Support Modification a Bad Idea?”

When is a Divorce Settlement Right for You?

Would you rather let a Court, who barely knows you, decide your future or would you rather swallow your pride and decide yourself? Divorce is a very emotional process. The well known epithet that a self-represented litigant has a fool for a client, rings ever more true in divorce. You must have the help ofContinue reading “When is a Divorce Settlement Right for You?”

The Heightened Fidelity Requirement in Spousal Contracts

Contracts between spouses have a more heightened requirement for fidelity, otherwise known as loyalty, than do agreements between non spouses such a prenuptial agreements. Unlike a prenuptial agreement, spousal contracts occur after the parties have pledged some kind of fidelity to one another through a ceremony or by the act of getting a civil marriage.Continue reading “The Heightened Fidelity Requirement in Spousal Contracts”

The Damages Requirement for a Breach of Contract Claim

You say someone breached their contract with you. Start by determining how you will measure your damages because without damage their is no breach of contract claim. Your case will be dismissed. In New York, like other jurisdictions, a Plaintiff must prove the following elements to bring a claim for Breach of Contract: (1) formationContinue reading “The Damages Requirement for a Breach of Contract Claim”