Blog Posts in 2017

  • What is a Default? (New York Edition)

    || 7-Dec-2017

    When a defendant or respondent fails to respond to your summons in a divorce or family court matter within the time frame provided for by the court, that person has “defaulted.” Every state handles the default process differently. This blog entry will focus upon New York’s default divorce process. Divorce: The default divorce process will differ depending upon the nature of your ...
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  • WE'RE GETTING DIVORCED, CAN I DATE NOW?

    || 30-Nov-2017

    I cannot tell you how many times my clients ask me this question during their divorce proceedings. I must warn you, however, that, in spite of my sage, old advice, most people’s desire to move on from their marriages is so great that they don’t hear me sounding all of the necessary warning alarms about getting into a new relationship. That said, I will say it anyway: if you are dating ...
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  • I HAVE 50/50 CUSTODY OF MY CHILDREN, SO WHY AM I PAYING CHILD SUPPORT (New York Edition)

    || 16-Nov-2017

    It is becoming increasingly popular for parents to equally share physical custody with one another. However, New York state statutes have yet to be modified to address the issue of how child support should be calculated when parents equally share custody of their children. That said, case law (written court decisions issued by judges) has evolved to address this issue. Generally, when parents earn ...
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  • An eighteen-year-old in the State of New Jersey can obtain a driver’s license, vote, and engage in other activities and decisions reserved for adults. But yes, at age 18 your new adult may aso still be entitled to receive child support from you. Until the recent enactment of signed S-1046/A-2721, New Jersey had one of the most flexible and unpredictable emancipation laws in the Country. ...
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  • Emancipation! Wait, I May Still Have to Pay Child Support After My Child Turns 18? (New York Edition)

    || 27-Feb-2017

    At the age of eighteen (18) your child can vote, purchase cigarettes in many parts of the State (with the exception of New York City and Suffolk counties where the age limit is 21), obtain a driver’s license, a credit card and engage in many other acts reserved for adults. Yet, if you are the payor of child support in the State of New York, you will be obligated to continue paying to support ...
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  • "You can’t get blood from a stone”, is the old adage which often gives people comfort when they owe money to a creditor whom they cannot afford to repay. Well, as all of my clients can confirm, I speak the truth even when you don’t want to hear it, so here goes: the court has a nifty power called “imputation”. When the court imputes income to you or your spouse ...
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  • Protecting Yourself and Your Family While Navigating the Choppy Waters of the Divorce Process

    || 16-Jan-2017

    Divorce and Family Law legal matters are easily the most intense situations one can endure. When going through a divorce, child custody, child support, domestic violence or other family law matter, it is sometimes hard to focus on the process without getting drawn into the emotional aspects of your case or negotiation. While this may be one of the most difficult times you go through in your life, ...
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