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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”...

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...

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...

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...

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,...

Review of your case and strategy. Clients many times walk into my office seeking relief from the court, that is just not possible given the facts of their case and the current law. Some attorneys will just tell a client what she or he wants to hear and take on any case. I do...

Paternity equates to fatherhood and must be legally established if the parents of a child are not married to one another. Being the legal parent of a child means you have a right to know your child and contribute to their future. It is also important for the children to know their parents not...

On December 16, 2014, the Appellate Division, First Department, held in Anonymous v. Anonymous, 350033/12, NYLJ 1202712899921 at *1 (App. Div., 1st, decided December 16, 2014) a counsel fee waiver provision in a prenuptial agreement might be set aside to allow an award of attorneys fees in a divorce where plaintiff was contesting the...