Peter L. Cedeño & Associates, P.C.
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September 2018 Archives

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.

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