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March 2015 Archives

ADOPCION POR EL SEGUNDO PADRE: UN PASO NECESARIO PARA TODOS LOS PADRES LGBTQ EN NUEVA YORK

Desde el 2011, las parejas del mismo sexo pueden contraer matrimonio en Nueva York. Sin embargo, lo que esto significa también es que pueden divorciarse en Nueva York. Mientras la Ley de Igualdad Marital permitió a los padres del mismo sexo registrar a ambos cónyuges en las actas de nacimiento de sus hijos, haciendo de los dos los padres legales bajo la ley de Nueva York, el hecho desafortunado es que muchos estados todavía no reconocen legalmente los matrimonios entre parejas del mismo sexo. Lo que significa que, si la pareja se separa o se divorcia, la parte que sea el padre biológico del niño pudiera llevarlo a otro estado que no reconozca los matrimonios del mismo sexo y efectivamente negar al padre no biológico todos sus derechos respecto del o los niños de la pareja. O, el padre no biológico, pudiera abandonar el estado e intentar liberarse de la obligación de manutención sobre la base de que, bajo las leyes del nuevo estado, el hijo de la otra parte no le pertenece. Por lo tanto, aún si están casados, es imperativo que las parejas del mismo sexo contraten un abogado especializad en asuntos de familia para que les ayude a obtener lo que se denomina una adopción por el segundo padre.

ATTORNEY PETER CEDEÑO TO DELIVER UPCOMING CONTINUING LEGAL EDUCATION CLASS

On April 16, 2015, Attorney Peter Cedeño will be leading a Continuing Legal Education (CLE) seminar focused on divorce law and custody matters. This event is hosted by the New York Bar Association Family Law Section and will be held at the Executive Conference Center in New York City.

THE INVALIDITY OF A FOREIGN DIVORCE

While certain states across the U.S. vary when it comes to divorce laws, you can certainly expect different countries to vary. That is why it is so important to ensure that your foreign divorce will be recognized as valid once you return to the states. If you are a New York resident and recently got a divorce overseas, you need to ensure that this marital dissolution is deemed valid by state courts before moving forward.

STUDENT LOANS AND DIVORCE: WHO PAYS THEM BACK?

New York is known for being a mecca of educational institutions. However, due to the rising costs of education, it is extremely common for many New Yorkers who have taken advantage of those opportunities to have student loan debt. In fact, the average US college graduate has $30,000 in student loans, and many people with graduate degrees have far more than that.

THE REQUIREMENT TO PAY ADD-ONS FOR CHILD SUPPORT ON A PROPORTIONAL BASIS BASED ON INCOME

Child support can quickly become one of the most confusing and debated aspects of any divorce. Both parents want the best for their children, but at the same time, they want to ensure that they're not paying more than they ultimately should be. While New York follows a specific algorithm when calculating these payments, things aren't always as black and white as they seem.

WHEN YOUR SPOUSE HIDES THEIR MONEY: RED FLAGS AND R.A.I.D.S

A common issue in New York divorces that often results in particularly lengthy and brutal litigation is where there is a serious dispute over how much money someone is earning. Often, after adivorce is commenced, the supporting or monied spouse's income suddenly takes a huge drop. They are claiming that they earn less. They can't afford maintenance, they can't afford child support. There are no assets to divide up anymore. While in challenging economic times this can truly be the case, often, the party who has suddenly lost everything is probably hiding assets or income. This phenomenon is known as Rapidly Acquired Income Deficiency Syndrome, or R.A.I.D.S..

WHEN THE WEDDING IS CANCELLED, WHO GETS THE RING?

While divorce is unfortunately all too common among New Yorkers, another issue that does not get discussed nearly as much is the financial impact of weddings that don't end up taking place. While all for the best in the long run, there can be serious financial repercussions resulting from a broken engagement. In fact, this can be to the extent that the former fiancées each need to get a lawyer or attorney to best represent their interests in addressing issues such as wedding gifts, any property they purchased together, and the like.

WHEN CIRCUMSTANCES CHANGE: FACTORS CONSIDERED IN MODIFYING CHILD SUPPORT

A common issue for many divorce litigants in New York, both before and after a divorce is finalized, is paying or getting paid child support. Under New York law, child support is awarded based on the Child Support Standards Act, or CSSA, which provides a formula and guidelines. However, there are often change's to a party's income over time. When this shift is downward, it may have a significant impact on that person's ability to make their child support payments. On the other end of the spectrum, if there is an increase in a parent's income, their child may very well be entitled to benefit from that increase as though their parents were still married. Either way, it is important that if there is a shift in income one way or the other, the party seeking a change (or defending against one) contact a New York family law lawyer or attorney to help them best handle the situation.

SECOND PARENT ADOPTIONS: A NECESSARY STEP FOR ALL LGBTQ PARENTS IN NEW YORK

As of 2011, same sex couples can get married in New York. However, what this also means is thatsame-sex couples can get divorced in New York. While the Marriage Equality Act allowed for same-sex parents to list both of them on their child's birth certificates, making them both the legal parents under New York law, the unfortunate fact is that many states still do not legally recognize the marriages of same sex couples. What this means is that if the couple separates or divorces, the party who is the biological parent of the child could take them to another state that does not recognize same-sex marriage and effectively deny the non-biological parent all of their rights to the child or children of the couple. Or, the non-biological parent could leave the state and attempt to get out of child support on the basis that under the law of the new state, the parties' child is not theirs to jointly provide for. Therefore, even if they are married, it is imperative that same sex couples hire a family law attorney to help them obtain what is called a second parent adoption.

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