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...]
What is Divorce Mediation in Rochester, NY?
Divorce mediation involves two clients working with one neutral mediator to reach an agreement. The mediator can help clarify the issues and help the parties sort through the options. In New York, a mediator does not have to be an attorney. However, a mediator, even if he or she is an attorney, may not give legal advice. The outcome of a successful mediation is generally a memorandum of … [Read more...]
What is Collaborative Divorce?
The collaborative divorce approach involves, at a minimum, two attorneys and two clients working together to reach an agreement outside of court. There is a commitment by all involved to address the issues directly, without court intervention or the threat of litigation. The issues are resolved in series of confidential meetings with a full exchange of relevant information. The process relies on … [Read more...]
What Is the Difference Between Legal Separation and a Divorce?
There are four reasons people remain legally separated and hold off on getting divorced: Taxes - As long as you are married, even if you’re separated, your tax filing status can be married filing jointly or married filing separately. You cannot file as an individual if you are married. Division of pensions and retirement accounts - Division of pensions and retirement accounts like a 401(k) or … [Read more...]
What Is a No-Fault Divorce in New York?
To obtain a divorce in New York you need grounds. Until October 2010, we were essentially considered a fault state, requiring proof of cruel and inhuman treatment, abandonment for a year or more, adultery and imprisonment for three or more years. Back then, the closest we had to a no-fault divorce was living with a signed separation and property settlement agreement for over a year.In October … [Read more...]
How Should I Prepare to Meet with My New Lawyer?
The most important thing to bring to your initial consultation with your attorney are your questions. Take some time to sit down and think about what is important to you, your goals and objectives. Think about not only the short term, but where you want to be in three, five, ten or 15 years down the road. That’ll help clarify where your goals lie and prepare you to inform the attorney of your … [Read more...]
