Matrimonial and Family Law Blog

Monday, September 11, 2017

My Spouse and I Have Joint Custody of Our Children - Who Should Be Claiming Them for Tax Purposes?

Tax laws are complicated at best, and when you add to the mix divorce laws, it is easy to understand why people have questions about the tax consequences of divorce. When one parent has custody of a child in New York, that parent has the right to claim the dependency exemption for the child, unless the parent gives up the right. It gets tricky when parents have joint custody of the child. The IRS does not allow parents to split the exemption. Only one parent may claim the exemption in any given year.

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Monday, August 21, 2017

My Spouse Wants Me To Sign a Separation Agreement - I’m Not Even Sure What That Is

Things have been rocky in your relationship with your spouse. Although there were good times in the past, now there are arguments and unhappiness. One day, your spouse hands you a bunch of papers with the words “Separation Agreement” at the top of the first page. You find yourself thinking: “My spouse wants me to sign a separation agreement - I’m not even sure what that is.”

Quick answer: A separation agreement is a document that contains the terms two people have agreed to when they are amicably getting a divorce or legal separation.

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Friday, July 28, 2017

My Spouse is Not Complying With the Child Custody Agreement - What Can I Do?

If you’re involved in a child custody dispute, you might feel like the courts and family law lawyers don’t understand how urgent the problem is.  After all, there are important things on the line that you can’t get back, and can’t do over: first steps, birthdays, graduations, vacations, and family reunions.

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Friday, July 14, 2017

Tips for Safeguarding Your Finances During a Hostile Divorce

They say ‘all good things must come to an end,’ but in the case of marriage sometimes that good thing ends in a messy divorce.  When loving has been replaced by loathing, it’s not uncommon for a soon-to-be ex-spouse to do their best to cause their former partner pain, especially financial pain.  

The good news is that if you’re currently in or about to be in a hostile divorce situation, there are steps you can take to protect your assets for the future, including talking with an experienced

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Friday, June 30, 2017

Behind on Child Support Payments? Your Passport Could Be At Risk

While you may care a great deal about your children and want the best for them, sometimes, child support payments can become too onerous to pay. Whether this is because of health reasons, job changes or other mounting debt, the fact is, getting behind on child support payments can significantly impact your life, including your ability to travel. If your child support obligations are more than you can handle right now, consider talking with a

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Tuesday, June 20, 2017

Should My Spouse and I Consider a Postnuptial Agreement?

Postnuptial agreements (postnups) are gaining popularity in the country. These agreements are similar to prenuptial agreements, except that they are signed after getting married rather than before.

In a postnup agreement, two spouses disclose all their property and then agree on each other’s responsibilities in the course of the marriage and after divorce or the death of one spouse.

Are you and your spouse considering a postnup? Talk to a

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Sunday, May 28, 2017

When Can I Modify My NY Divorce Judgment?

Divorce is usually final. However, the circumstances of divorced spouses can often change. The financial, physical or marital positions of two former spouses at the time of divorce will not be the same four years later or nine years later. New York law recognizes this fact, which is why it gives courts the discretion to modify divorce judgments. However, courts apply this discretion strictly in order to discourage frivolous applications that show no reasonable cause and are only an attempt at escaping court obligations.

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Friday, May 12, 2017

Qualified Domestic Relations Orders - What They Mean for You

When you and your spouse divorce, the assets either of you reserves for your retirement years can be divided proportionally after divorce. A Qualified Domestic Relations Order (QDRO) exists for this exact purpose.

If you are going through a divorce and want your spouse’s retirement account included as part of marital property, call a New York divorce lawyer to file for a QDRO to help you do just that.

What Is a QDRO?

A QDRO is a court order authorizing the distribution of a pension or retirement benefit to an alternate payee such as a former spouse. It authorizes the distribution of property in the form of your former spouse’s retirement pension, together with any tax-deferred retirement fund such as 401k, 403b, KEOGH and TSP plans.

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Sunday, April 30, 2017

How Do New York Judges Determine Equitable Distribution During Your Divorce?

Divorce is a painful and emotional journey for everyone involved. Issues such as child custody and property division only make the process even more difficult. With regard to property division, you want to safeguard the property you acquired before marriage and get your share of property acquired during the marriage, commensurate to all the work and effort you put into the marriage. Having an experienced New York

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Saturday, April 15, 2017

I’m Afraid of My Spouse - How Can I Obtain a Protective Order?

When a marriage is not working out, tensions can run high. Sometimes spouses behave in a way that frightens you and your children making you feel that you and your children need protection from them. If that is the case, a

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Wednesday, March 29, 2017

Legal Custody vs. Physical Custody Under NY Family Law

Divorce is a very emotionally draining affair for both spouses and their children. Issues such as property rights only complicate matters more. Perhaps the most polarizing issue in many divorce proceedings is the issue of

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