Blog Posts in 2018

  • 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 ...
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  • 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. 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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  • 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. In some cases, one spouse will deliberately deplete ...
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  • 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. 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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  • 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. ...
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  • 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 ...
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  • Interstate Child Custody Orders

    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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  • New Tax Law's Effects on Alimony Deductions

    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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