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New York Family Law Blog

Misuse of Domestic Violence Orders | NYC Divorce Attorney

Domestic violence is a serious issue, and something which should not be taken lightly in child custody hearings. However, the mere accusation of domestic violence should not be enough to ruin someone's life. In the interest of fathers' rights, it is important that custody cases in which domestic violence has been alleged but not proven are treated fairly, and not used as grandstanding attempts by one party to receive sole custody of a child.

Parent Alienation

Divorce is hard no matter what, especially when there are children involved. Negotiating custody, visitation, and support can be a timely and emotional process, which is why it's key that both parties involved put the best interests of their children before everything else. But what happens when someone actually tries to poison their children against their former partner?

Child Support Enforcement in New York City

Like many states, New York has strict laws regarding child support payments. All child support negotiations and determinations must be completed before a divorce can be finalized. Because the court makes its final decision based on the "best interests of the child," a noncustodial parent may end up with monthly payments they don't agree with. However, this doesn't mean that a parent is allowed to stop making payments by need or choice without court approval. In fact, a noncustodial parent may face severe legal penalties and even jail time for violating the court order.

Requesting Temporary Exclusive Use of the Marital Home

When one spouse files for divorce, it often inspires a stressful-and sometimes even hostile-household environment. To resolve this issue, both spouses can work with their individual legal representatives to petition the court for temporary possession of the family home. Unfortunately, New York courts usually only grant temporary occupancy to a single spouse if there is significant proof of "domestic strife." Because some degree of conflict is expected during a divorce, the court is often hesitant to award a single person possession of the marital home unless the other spouse has an alternative residence available. After all, it's difficult to order one spouse to suffer financial difficulties because they have to rent or buy new property.

Dependency Exemptions & The Child Tax Credit Under the TCJA

Making child custody and child support determinations is an integral aspect of the divorce process. Before spouses can legally part ways, they must first reach an agreement regarding related tax deductions and the child tax credit.

How Gambling Can Affect Property Division During Divorce

The Concept of Marital Waste in Property Division

"Marital waste" refers to the intentional dissipation of shared assets by one party for their own benefit. This often occurs when one spouse uses shared finances or other marital property for extravagant vacations, designer clothing, exotic sports cars, and other lavish personal expenditures.

The Value of Prenups in Spousal Maintenance Determinations

Do Prenuptial Agreements Prevent Alimony?

A legitimate prenuptial agreement could keep you from paying or receiving alimony after divorce. However, a judge may still order spousal maintenance if they decide your prenuptial agreement is invalid.

What Happens to a Timeshare During Divorce?

New York Is an Equitable Distribution State

Equitable distribution is legal principle that refers to division property and finances based on the relative needs and contributions of both spouses. This means when couples in New York get divorced, state courts attempt to divide assets as fairly as possible, which rarely means a 50/50 split, though equal distribution is still possible in some cases. Among other forms of property, the equitable distribution principle applies to real estate and timeshares.

Child Custody: Older Siblings' Influence on Younger Children

New York Judges' Approach to Deciding Matters of Child Custody

In New York State, judges typically do not ask or allow children to testify in divorce court or dictate with whom they will live. Depending on the case, a judge may consult with both parents' attorneys to find out if a child has a preference, sometimes bringing in a third person to represent them if the parents' lawyers provide contradictory information about the child's first choice.

FORENSIC EVALUATIONS IN A CUSTODY DISPUTE

Child custody orders are quite significant and have the power to shape a child's entire future. With such a momentous decision on the line, emotions can quickly escalate, leading to a dispute between both parents. When this happens, the court may decide that a forensic evaluation is necessary and will enable them to make the most informed decision.

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