NY Family Law: Vocational Experts

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Imputation of income to determine spousal and child support can be complicated and a vocational expert may be of help in evaluating the various factors involved in this process. A vocational expert (“VE”) is an authority in the areas of vocational rehabilitation, vocational and earning capacity, loss of earnings, cost of replacement of labor and lost ability/time in performing household …

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New York Family Law: What is this Notice on my Child Support Order about Incarceration?

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It is standard for all Family Court Child Support Orders to have a notice telling the Respondent that failure to abide by the Order can result in incarceration, among other penalties. This is the Notice: FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIMINAL NON-SUPPORT OR CONTEMPT; SUSPENSION OF YOUR DRIVER’S LICESNE, STATE ISSUED PROFESSIONAL, TRADE, BUSINESS, AND …

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My Presentation on New York Matrimonial Law

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I really enjoyed presenting at Fordham Law School last weekend alongside the great (and brilliant) Veronica Escobar, Esq.  My presentation, embedded below, discusses the jurisdictional differences between Supreme Court and Family Court, the procedures for starting a divorce, the uncontested v. contested divorce path, Notice of Automatic Orders, types of matrimonial agreements, prenuptial agreements, grounds for an annulment vs. grounds …

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A Primer on Matrimonial Law in New York

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I will be giving an overview of New York divorce law at Fordham Law School on January 24, 2015 for the Bridge the Gap CLE along with Veronica Escobar titled “A Primer on Matrimonial Law in New York.” Veronica and I will give an overview of New York matrimonial law beginning with the two different paths to divorce: the contested …

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Three Ways Working Overtime Can Affect Child Support in New York

Rincker LawFamily/Matrimonial Law 10 Comments

Parents’ total income is used when calculating child support under the Child Support Standards Act (“CSSA”).  To arrive at the total income amount, the most recent year’s Federal tax return is usually used.  This includes overtime pay.  Overtime pay can be tricky as a source of income because it can be very inconsistent.  When the court calculates child support based …

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How Organization Can Help You Save Money in Your Divorce

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I help people through the emotional, life-changing experience of a divorce.  A new chapter awaits on the other side.  But first, the parties have to get through the divorce process. There is a lot of financial transparency in a divorce.  The parties each have the legal right to financial disclosures from the other party.  If the parties choose to go …

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Looking for Pro Se Assistance on Your New York Divorce?

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The New York State Unified Court System as a nice instruction guide to help pro se litigants file their divorce papers.  You can find the booklet here. I am also available on an hourly basis for pro se assistance.  Whether you want to speak about your legal rights or want an attorney to review the final documents before submitting them …

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3 Types of Alternative Dispute Resolution for Divorces

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There’s a trend now with divorcing couples seeking forms of Alternative Dispute Resolution (“ADR”).  As an attorney and mediator, I always discuss all options with potential clients during the consultation.  Here’s an overview: Mediation Mediation can take place at any stage during a divorce and is highly encouraged by the court. The goal of a mediator is to facilitate a …

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Listen to Me Talk Divorce & Divorce Mediation on the Russ Terry Show

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I had a great time talking divorce and divorce mediation on Monday night on the Russ Terry Show:  Live Your Best Life.  You can listen to the hour show on dealing with divorce here.  Want some quick and dirty tips instead?  Listen to Russ Terry’s debrief with 5 Tips for Dealing with Divorce here.

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Guest Appearance on the Russ Terry Show: Dealing with Divorce

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I will be making a guest appearance on the Russ Terry Show on March 25, 2013 from 9-9:30pm.  Russ is a Life Coach in the Greater New York City area and his Blog Talk Radio Show has different themes each week.  On the 25th, Russ will be getting down and dirty with the “D” word (“and I don’t mean Dallas”). …

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Completion of Community Mediation Apprenticeship

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As I noted in this post, I have been participating in the New York Peace Institute’s Community Mediation Apprenticeship Program.  I started my journey in December 2011 by completing the 40-Hour Basic Mediation Training.  I then started the 13 – week classroom portion of the apprenticeship in January 2012.  New York Peace Institute has strict standards for its apprenticeship program …

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Workshops Available at FamilyKind on the Upper West Side in New York City

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As my readers know, not only am I a food and agriculture lawyer but I also have a family and matrimonial law practice.  I wanted to point out a helpful organization here in New York City for you folks who may be going through a separation or divorce:  FamilyKind. It offers separate classes for adults, children and teens to better …

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