Matrimonial and Family Law Blog

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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Sunday, March 26, 2017

Will I lose custody of my child after divorce?

If you are a resident of New York seeking a divorce, it’s only natural to wonder what it will mean for your child. Will you still get custody over them or will your spouse get custody?

Not all divorces are the same. However, the issues for determination are usually similar:

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Friday, March 3, 2017

How is child support computed?

Parents have a responsibility for their children’s emotional and financial wellbeing, even if they do not know the child personally and/or do not live with them. New York state law stipulates children must be financially supported until they are 21 years old.

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Monday, February 27, 2017

Who is eligible for spousal support in a divorce?

Going through a divorce is often a messy ordeal. One tricky aspect of a divorce is the dispersal of financial support paid by an ex-spouse to the other, known in matrimonial law as spousal support.

There is an obligation for people who are legally married to support each other, which means either party in a marriage can receive spousal support. Working with an established family lawyer will help you make sense of any financial obligations.

What Is Spousal Support?

Spousal support is usually determined as part of the divorce agreements.

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Tuesday, January 31, 2017

What are the most common mistakes fathers make in New York child custody cases?

Child custody battles are stressful and heart wrenching. All you want is what is best for your children, but that is not always what is on your spouse’s mind.

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