Category Archives: Divorce Law

What To Do If You Can No Longer Afford Spousal Or Child Support

A common concern that often comes up after the declaration of a divorce judgment in the court is the spouse who has been asked to pay for spousal or child support declares his or her inability to do so any more. The aim of this article is to discuss the steps that should be taken if such an issue comes up. Step 1: Go through the divorce decree thoroughly While it is an obvious thing to do, there are several people who tend to overlook it. A divorce judgment is an extremely crucial document, which anyone such as the judge, litigant and attorney should examine carefully. It is a document that the basic framework to determine how to proceed. There are some cases where the judgment was announced many years ago. In such cases, the support that is unaffordable can be already the unable. Hence, it is extremely crucial to read the language well especially in the section for spousal support or child support of the court judgment to find out the conditions, which could lead to an….. To continue reading this legal news please click Read full information...

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Can a New York Judge Order Spousal Support for Less Time than the Guidelines Call For?

When a judge presides over a New York divorce, one of the parties will often request to receive post-divorce maintenance payments, formerly called alimony, from the other party. Up until 2015, the determination of the amount and duration of post-divorce maintenance was largely left up to the discretion of the judge overseeing the case. However, in 2015, the New York Legislature enacted sweeping reforms of the New York Domestic Relations Act, particularly in regard to how post-divorce maintenance is awarded. Hoping to standardize the manner in which judges were calculating and awarding post-divorce maintenance, the legislature stepped away from a standard that was almost completely relied on judicial discretion, and implemented a more formula-based system. Previous posts have discussed how judges arrive at the amount of spousal maintenance, but we have not recently looked at the durational aspect of post-divorce maintenance. Under Domestic Relations Law section 236(b), the court….. To continue reading this legal news please click Read full information...

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Don’t Fall into These 4 Common Divorce Traps

While the unique characteristics of a couple and their separation means that no two divorces are ever the same, many couples still make a few common mistakes when separating from one another. Whether you’re in the middle of a divorce, or still contemplating one, try to keep the following common divorce mistakes in mind to avoid unnecessary complications. Settlements that Don’t Anticipate Future the Events One of the primary objectives in a divorce settlement is to divide marital the assets equitably, which requires a valuation of your assets and understanding each spouse’s current circumstances. But in many divorces, spouses can make the mistake of focusing too much on the present, failing to anticipate what could happen in the future. Remember, what seems fair now may put you in a difficult situation in the future, especially when it comes to events like job loss, disability, changes in your health or your children’s health, or a depreciation in your….. To continue reading this legal news please click Read full information...

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5 Tips For Co-Parenting During the Summer Months

Summer is every child’s favorite time of the year–they get a break from going to school, waking up early, doing homework, and studying. But for parents, especially divorced parents, summer can prove to be the most challenging time of the year. During the school year, the kids are at school for a good portion of the day, so parenting plans are usually well-regimented and have agreed transition days for kids to move from the care of one parent to the other. But during the summer, everything changes, so it is important to plan ahead to keep the stress at a minimum. 1. Coordinate Your Schedules While you have likely already scheduled vacation time and trips with your children, you should also work together with your ex-spouse to determine your and your children’s day-to-day schedules. This will help avoid disputes over who gets to spend time with the child and when. Summer months offer more than enough time for everyone to plan their vacations–it is just a matter of….. To continue reading this legal news please click Read full information...

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Tips for Winning a Child Custody Battle

Divorces are stressful, especially when children are involved. If you are a parent going through a divorce, you may desire custody of your child and have a spouse that you believe is unfit for child care. Fortunately, there are certain tips that can help you win a child custody battle and protect the best interests of your child. These tips include: 1. Remain Calm Although it is easier said than done, remaining calm in court is crucial. A judge is more likely to award child custody to a parent who is collected and open to communicating about their child’s upbringing. By remaining calm and communicating effectively with your spouse, you can improve your chances of winning. 2. Bring Documentation If you believe your spouse is unsuited to care for your child, you need evidence to prove your claim. Bring as much documentation as you can to serve as evidence. You can keep a log of every time your spouse forgets to pick your child up or yells at them. Be sure to also jot….. To continue reading this legal news please click Read full information...

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