Child support can be modified by agreement or by a court in Rochester, New York. A party may resist negotiating to change child support unless there is a basis for a court to change child support. So, whether you are trying to negotiate a change in child support, it is helpful to have an understanding of the law for modifying child support orders.A court will not consider modifying child … [Read more...]
How Does a Court Divide Marital Property?
In New York, marital property is divided pursuant to equitable distribution. The first step is to identify and value the marital estate. For example, when was the marital home purchased? What is it worth? Is there a mortgage or home equity line of credit? Did either party contribute premarital funds or gifts from third parties to the acquisition of the residence?Once the assets are identified … [Read more...]
Does It Make Any Difference If I File for Divorce First?
The party filing first is the plaintiff and the responding spouse is the defendant. To a judge, it essentially makes no difference who was the first to file; plaintiffs and defendants are interchangeable when it comes to the decisions to be made by the judge.There are some procedural differences, however. The first to file is subject to the Notice of Automatic Orders upon filing, and that … [Read more...]
Do I Have to Go to Court for My Rochester Divorce? If I Do Go to Court, What Happens?
If your case has been resolved through negotiation, either in the collaborative process, outside of court with attorneys, in mediation, you do not need to appear in court. In fact, many of my clients do not even set foot in the courthouse. On the other hand, if the parties are unable to reach an agreement on all the issues, and the assistance of a judge is required, then you will need to go to … [Read more...]
Divorce in the Time of Coronavirus
Efforts to contain the spread of the coronavirus have significantly affected our lives. We are required to adapt and change in unexpected ways. As more restrictions arise, what worked before might not be possible. At this point, absent domestic violence or other emergency situations, courts are closed and unavailable. No new divorce actions may be commenced. Despite the shutdowns and complete … [Read more...]
How Is Child Support Determined in New York?
Child support is based upon a formula set forth in the Child Support Standards Act (“CSSA”). Generally speaking, up to the CSSA cap, the non-residential parent will be paying a percentage of his or her income to the other parent as basic child support. This basic amount is in addition to sharing day care, the cost to provide health insurance and uncovered medical expenses in proportion to income. … [Read more...]
How Is Spousal Support Determined in New York?
Spousal support in New York is determined based upon a formula which starts with the incomes of the parties. Income is defined as what was or should have been reported on the prior year’s tax return from all sources, adding back voluntary deductions from income for things like health insurance and retirement deductions. The gross incomes of both parties are then plugged into the formula and FICA … [Read more...]
What Are the Requirements for Filing for a Divorce in New York State?
To commence divorce action, a summons with notice or a summons and complaint need to be filed with the Monroe County Clerk's Office or the appropriate county clerk’s office. The complaint contains the necessary elements for the divorce, including the date of marriage of the parties, the jurisdictional basis (the connection between the marriage and New York State which gives New York the authority … [Read more...]
How Does the Court Deal with Parenting Issues as It Relates to Children
Decisions over parenting and the residential schedule of children are made by a judge upon the totality of the circumstances. The duty of the judge is to decide what is the best interest by considering everything in a child’s life, including their lives up to the trial, the relative strengths and weaknesses of the parents, the needs of the children, everything which might be relevant and have an … [Read more...]
How Does the Court Determine Who Gets Custody of the Children?
When making decisions regarding children, judges consider the totality of the circumstances a child’s life to determine what is in the best interest of the children. A judge will make its determination only after a full evidentiary trial, with both parties and the attorney for the children presenting their witnesses and evidence. Sometimes, the testimony and conclusions of a custodial evaluator … [Read more...]