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February 2015 Archives

WHEN SEPARATE PROPERTY CAN BECOME MARTIAL PROPERTY IN NEW YORK

Often a hotly contested issue for divorcing couples, property division can be quite difficult to resolve satisfactorily. New York has specific laws that the court and individual parties are expected to abide by, but that doesn't mean the outcome is always mutually agreeable. Nowhere is this truer than in the realm of separate versus marital property.

Child Support Cap in High Net Worth Divorces

Child support is one of the most contested issues for any divorcing couple. Neither parent wants to pay more than the other, but both want to ensure that their child is well taken care of and provided for. When there is a great deal of wealth on the line, as in a high net worth divorce, the stakes are often raised even higher.

When DNA Doesn't Matter: Paternity by Estoppel

Unfortunately, sometimes during family law litigation there can be a serious dispute regarding the paternity of one or more children involved in the case. Paternity can be significant because there are a number of crucial rights and obligations attached to being legally recognized as the father of a child.

Relocation: When the Custodial Parent Wants to Move the Kids out of State, and How Courts Handle It

As our society becomes more mobile in where we choose to live and work, an issue that is becoming increasingly common during divorce and custody litigation is when one parent seeks to relocate with one or more of the parties' children. Although many states have requirements regarding the non-custodial parent's rights with respect to relocating a child, New York is particularly strict in this matter.

Divorce and Pension Funds: How to Protect Your Rights

While there are certain issues in divorce litigation that get a lot of attention such as custody, child support, and maintenance, one of the most significant issues, pension rights, is rarely discussed to the same degree. However, in New York, litigant must take certain crucial steps during the divorce process to ensure that what was once "their" retirement fund doesn't now become "the ex's" retirement fund alone.

When Your Ex Cries Poverty: How to Get Imputation of Income for Maintenance and Support Calculations

One of the most common issues in divorce litigation is determining the appropriate amount of maintenance, both final and temporary. Obviously, the moneyed spouse wants to pay as little as possible, and the payee spouse wants to get as much as they can. Since one of the major factors for determining maintenance in New York is the marital standard of living the parties had before filing, each party is going to take a different view of what that "standard" actually is. Typically, the expenses and income of each party are shown in a sworn financial affidavit, known in New York as a sworn Statement of Net Worth.

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