Putting Together a Marital Settlement Agreement in a New York Divorce
In the heat of a New York divorce, it may feel nearly impossible to agree on many things. However, a marital settlement agreement can help you and your soon-to-be-ex resolve issues in the most peaceful way possible. In short, this agreement is a contract between the two of you in which you come to...
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Elements of a New York Parenting Plan
Many of us grew up with a calendar on the refrigerator, on which our parents penciled in our daily schedules for school, extracurricular activities, doctor’s and dentist’s appointments and other events. It was a valuable tool that helped us know that each day, each week and each month would run as smoothly as possible....
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What to do Before Filing for Divorce in NYC
Now that you’ve made the choice to get a divorce, it’s time to get organized. Like any legal process, divorce requires you to collect documents, determine goals and stay focused. Here are five things you need to do as you prepare to file for a New York divorce: 1. Interview attorneys Your New York...
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What You Need to Know About New York Child Support Modification
When children are involved in a divorce, there is an obligation to ensure that they are financially taken care of until they are 21(or under 21 if they are in the military, married, or otherwise self-supporting, or if they have left the home). That obligation is child support. However, when there is “substantial change”...
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Tax Reform’s Effect on Spousal Support
The Tax Cuts and Jobs Act of 2017, signed into law by President Trump on December 22, 2017, includes a change that will have a big effect on divorcing parties in the coming year. Beginning on January 1, 2019, spousal support also known as maintenance or alimony, will no longer be deductible for tax...
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No Eviction of Spouse While Divorce Action is Pending
On September 28, 2017, the Landord Tenant Part of the District Court, Nassau County, issued a decision staying a holdover action pending the resolution of a related divorce currently pending before the Supreme Court, because the property in question was potentially marital property subject to equitable distribution. Nabeela Bashir, the respondent in the holdover...
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Same-Sex Parenting Rights Expanded
On September 27, 2017, the Family Court, Nassau County, issued a decision finding that a non-biological mother, J.C., had standing to seek custodial and visitation rights for two subject children who were the biological children of the respondent, N.P. This case, titled J.C. v. N.P., is a next step on the question of same-sex...
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Refusal to Host Same-Sex Marriage Ceremony
On January 14, 2016, the Appellate Division Third Department, affirmed a decision of the State Division of Human Rights (“SDHR”) finding a violation of the Human Rights Law due to discriminatory practices based upon sexual orientation. The case, Gifford v. McCarthy, 520410, NYLJ 1202747185791 (App. Div. 3rd), dealt with discriminatory actions of the petitioners,...
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