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Posted By
Peter L. Cedeño & Associates, P.C.
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 ...
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Peter L. Cedeño & Associates, P.C.
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? The term “parental ...
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Posted By
Peter L. Cedeño & Associates, P.C.
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 ...
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Peter L. Cedeño & Associates, P.C.
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 ...
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Posted By
Peter L. Cedeño & Associates, P.C.
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. Before 2018, parents could claim qualifying children as dependents on their tax returns, excluding up to $4,050 per dependent. By working with attorneys and divorce ...
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Peter L. Cedeño & Associates, P.C.
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. In some cases, one spouse will deliberately deplete ...
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Posted By
Peter L. Cedeño & Associates, P.C.
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. Your prenup may not be enforceable in court if any of the following are true: It is not signed and in writing. One spouse signed it while under significant ...
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Peter L. Cedeño & Associates, P.C.
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. ...
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Peter L. Cedeño & Associates, P.C.
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 ...
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Peter L. Cedeño & Associates, P.C.
What You Need to Know About Custody Orders Between States Although it can be difficult, it is not uncommon for divorced or unmarried parents to live in separate states. This type of arrangement can be challenging when it comes to determining how joint custody of a child will work between the parents. However, before parents start to argue about which state the child will be living in, it is ...
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Peter L. Cedeño & Associates, P.C.
The new tax law eliminates the tax deduction for alimony payments, potentially making marriages an even more hotly contested and costly process, especially for lower-income couples. Although upper middle class and wealthy households can usually afford higher taxes on alimony payments, those with limited means—where a few hundred dollars per month (for a meal or a car payment) makes a difference in ...
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Peter L. Cedeño & Associates, P.C.
The divorce, separation, or death of a parent not only affects the couple and children involved, but also the grandparents. In New York, grandparents have a limited right to visit their grandkids—since the law recognizes that parents have a fundamental right to raise their children as they wish, including who visits their kids. Keep in mind, these rights only apply to biological or adoptive ...
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Peter L. Cedeño & Associates, P.C.
If you are considering divorce, you are likely concerned about your financial state of affairs, especially regarding you and your spouse’s retirement plan. Perhaps one of the most important aspects of divorce, it is vital you do not forget to consider future pensions even if your divorce occurs years before you are ready to retire. If you do not ensure pensions or retirement funds are a part of ...
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Peter L. Cedeño & Associates, P.C.
If you are being abused by someone whom you are related or married to, you can apply for an order of protection in the family courts. In doing so, the abuser will not be able to commit certain acts against you, thus granting you a sense of security and safety against this person. Sometimes, violent situations arise, and you may need to obtain something in writing which ensures you and your family ...
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Posted By
Peter L. Cedeño & Associates, P.C.
In the state of New York, a person may choose to adopt someone over the age of 18 in order to grant them the same legal treatment a biological child would receive. Adult adoption may take place for a variety of reasons, like securing an inheritance, locking in legal rights, or acknowledging an existing parent-child relationship. The process can be exceedingly difficult, especially if the nature of ...
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