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At what age are children no longer subject to support and custody judgments?

In custody matters, there is no legal authority to make a custody order once the child reaches the age of 18 years. In child support matters, parents are responsible to support their child until the age of 21 years. Child support can be extended beyond the age of 21 by agreement. For example, parents may choose to support a child until he or she reaches age 22 or completes a four-year college degree, or longer. [...]

At what age are children no longer subject to support and custody judgments?2020-03-08T09:18:40+00:00

How does remarriage affect child support and custody arrangements?

Remarriage does not affect support orders or judgments. If there is a modification of support sought after remarriage, the new spouse’s income must be disclosed as income for the household. However, it is not used in the calculation of the parent’s support obligation. If one spouse remarries and the income of their household doubles, that does not mean the child support will increase. The new spouse (or step-parent) does not have a legal responsibility to [...]

How does remarriage affect child support and custody arrangements?2020-03-08T09:18:40+00:00

How is child support determined?

In New York State, child support is determined by the Child Support Standards Act. the law sets forth formulas and factors the court may consider in determining support. To analyze your particular situation, go to childsupport.ny.gov and/or nycourts.gov. Generally, the parent who has the majority of the custodial time is legally defined as the “custodial parent” and the person entitled to receive child support from the other parent. In New York, whoever has the majority [...]

How is child support determined?2020-03-08T09:18:40+00:00

How do spousal abuse, orders of protection, etc., affect custody and support judgments?

Domestic violence is a factor that a judge can take into consideration in deciding a custody matter. If a child is harmed physically, mentally or psychologically by domestic violence, the offender could have extremely limited contact with the child going forward. Depending on the facts and circumstances, a court may order evaluations for mental health or substance abuse issues.  Information obtained in this process and the opinions of service providers may impact the custodial arrangements. [...]

How do spousal abuse, orders of protection, etc., affect custody and support judgments?2020-03-08T09:18:40+00:00

Can I modify custody?

You can modify a custody order in New York if you can establish that there has been a substantial change in circumstances since the last custody order was made. What is considered substantial is up to the court to decide. If you can show sufficient evidence of a substantial change in circumstances, then the court will review the new situation and make a modified custody order, applying the same standard as before: the best interests [...]

Can I modify custody?2020-03-08T09:18:40+00:00

Who will get custody of our child?

If you and your spouse cannot reach an agreement on the custodial arrangement for your child, then custody can be determined through Family Court or as part of a divorce action. The court will make its custody decision by determining what specific terms are in the best interests of the child. The court will examine how each parent meets the child’s mental, emotional, psychological, medical, educational, and nutritional needs. Each case is decided based on [...]

Who will get custody of our child?2020-03-08T09:18:40+00:00

What happens after support judgments are issued and the owing party refuses to pay?

An order of support or a judgment after divorce that incorporates a support terms is enforceable in family court. A party subject to a divorce decree can return to the Supreme Court that issued the judgment of divorce for enforcement. A written violation of support application or petition must be filed with the court. The support can be enforced by the court issuing a wage deduction order. The order will direct that support be deducted [...]

What happens after support judgments are issued and the owing party refuses to pay?2020-03-08T09:18:40+00:00

What is considered marital property?

Marital property is defined as all property acquired by either or both spouses from the date of marriage until the date of a separation agreement or commencement of a divorce action. The form of the title of any property is irrelevant. The law is based on the concept that marriage is an economic partnership, and tangible property should be equitably divided. There are some surprising applications of this rule. Gifts made between spouses are considered [...]

What is considered marital property?2020-03-08T09:18:40+00:00

What is not considered marital property?

Property that is not considered marital is identified as “separate property” by law. Any property owned prior to the marriage is separate property. Inheritance proceeds, in any form, such as real property, cash, stocks, and bonds, is separate property, whether it is received before or after the marriage. The settlement proceeds from a personal-injury matter are the separate property of the spouse receiving the funds. Property acquired after the commencement of the divorce action is [...]

What is not considered marital property?2020-03-08T09:18:41+00:00

Are there gray areas? Can separate property ever become marital property?

There are some common pitfalls that people may be unaware of that may change separate property into marital property. For example, if one spouse receives a personal-injury settlement and deposits the funds into a joint bank account with the other spouse, this separate property has become marital. The idea is that the receiving spouse has intentionally changed the ownership of separate property from separate to marital by depositing it in a joint account where both [...]

Are there gray areas? Can separate property ever become marital property?2020-03-08T09:18:41+00:00