Cohen & Lombardo, P.C.
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family law and divorce Archives

What is a no-fault divorce in New York?

In New York, individuals may pursue either no-fault or fault-based grounds for divorce. The grounds of fault that the courts recognize include cruel treatment of one spouse to the other, adultery, incarceration of one spouse for at least three years, and abandonment of one spouse by the other for at least a year. Of course, not all couples will have these serious issues existing between them. Therefore, many parties who decide to file for divorce will use the state's no-fault option to get it into the courts.

What will be considered in a child support hearing in New York?

Family law and divorce proceedings can be complicated by many issues, but at their core the courts that handle these legal issues seek to protect the best interests of the children who will be affected by their decisions. That means that when it comes to matters of child custody and support, courts will look at many factors relevant to the parties and their children to make reasonable decisions. This post will address some of the factors that may be evaluated when courts consider requests for child support in general, but as with all legal matters readers should not use this post as a basis for any legal action regarding their own child support matters.

Many factors will influence the outcome of a custody hearing

One of the most challenging aspects of ending a marriage is managing the emotional and physical well-being of any children who may be affected by their parents' split. In New York, parents can seek physical and legal custody of their kids and based upon the needs and interests of those children, family law courts can establish parenting plans to accomplish those ends. However, as every child will present different priorities, it is imperative that courts look at many factors before making custodial determinations.

Spousal support may be an issue in your divorce

Marriages require partners to work together for the collective benefit of each member. For example, in New York a father may decide to give up his job to stay home with the family's children while the mother advances her career in the workforce. Though the father may be capable of working outside of the home, he and his partner may decide that everyone will be better off if he gives up his job to provide care to their children.

Retired athlete says family law and divorce agreement is too high

Former baseball star and current broadcaster Alex Rodriguez is embroiled in a dispute with his former wife about support. Mr. Rodriguez has been trying to reduce the amount -- approximately $155,000 per month -- paid to his ex-wife and for the support of his two daughters, ages 13 and 10. They divorced a decade ago. According to the documents, the amount of support was supposed to be changed after his retirement as a player.

How does an emancipated child impact family law and divorce?

When a couple in New York State decides to end their marriage and there are children from the relationship, it is likely that one parent will be ordered to pay child support to the other. There can be many contentious issues in a family law and divorce case, and one of the most complex is determining the payments required to provide for a child. The supporting parent might not want to pay the amount ordered, and the custodial parent will frequently ask for more.

How is abandonment defined in New York family law and divorce?

With family law and divorce in New York, there are certain requirements that a person must meet when they are ending their marriage. Understanding this is critical to a successful resolution to a case. While couples who want to divorce can simply say there is an irretrievable breakdown in the relationship - also referred to as "no-fault" - it is not an automatic guarantee that the divorce will be granted. For many, it is wise to be more specific with the reason(s) they are parting ways.

What is an Order of Filiation in family law and divorce?

One of the most important aspects of child support, child custody and visitation rights in a New York State family law and divorce is identifying the biological father. Frequently, this is referred to as paternity. Part of establishing paternity is seeking an Order of Filiation in Family Court. There are certain circumstances when this might be necessary. For parents who fall into this category, it is important to understand these circumstances to ensure they enjoy all the rights they are entitled to under the law. Having legal assistance is an important factor in any family law case.

Family law and divorce and modifying child support payments

For noncustodial parents in New York State, the requirement that they pay child support to the custodial parent is an important issue in family law and divorce. The amount they are ordered to pay will be deemed sufficient to provide for the child and the custodial parent's needs and to meet the child's best interests. However, it is not unusual for noncustodial parents to want to modify what they are paying. It is also possible that the amount due will be changed because of a cost of living adjustment (COLA). Understanding the details about these issues is critical.

Family law, divorce, and the custody and visitation hearing

In New York, it is always preferable for the participants in a child custody case to agree on how custody and visitation will be allocated. However, with family law and divorce, it is rarely simple to reach an agreement. Oftentimes, individuals will have their own reasons for wanting custody or seeking certain concessions with visitation rights. This is true whether the dissolution is amicable or contentious. Having legal assistance can be critical toward understanding the various aspects of a child custody and visitation hearing, and ensuring that your and your child's best interests are protected.

Cohen & Lombardo, P.C.

4140 Sheridan Drive
Amherst, NY 14221

Phone: 716-262-8428
Fax: 716-881-2755

343 Elmwood Avenue
Buffalo, NY 14222

Phone: 716-262-8428
Fax: 716-881-2755
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