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 …
NY Family Law: Imputing Income
The most common issues that arise in a divorce proceeding are financial ones and how to determine awards of child support and spousal maintenance. Income is relevant to determining both of these awards. “In determining a party’s maintenance or child support obligation, a court need not rely upon the party’s own account of his or her finances, but may impute …
Introducing Ravi Cattry
Ravi Cattry has joined Rincker Law as a part-time associate attorney. She is licensed to practice in New York and New Jersey and admitted into the Eastern and Southern District Courts of New York. She completed a Bachelor of Science at Fordham University in Manhattan where she was a double major in psychology and economics. She received a Juris Doctor …
Announcing Illinois Branch
When I was home a few weeks ago visiting family and attending my parents’ 40th anniversary party, I opened up an office in Champaign, IL at 701 Devonshire Drive C12. I received my Illinois bar license last December and excited about building my business in Illinois! Here are some pictures from my new office:
New York Family Law: Types of Child Custody
Determinations of custody are based on the “best interest of the child.” See DRL § 70; DRL § 240; see Eschbach v. Eschbach, 56 N.Y.2d 167 (N.Y. 1982). Best interest of the child factors are not contained in any statute, but are established through case law. These factors include: (1) The parent who has been the primary caretaker; (2) The …
New York Family Law: Relocation and Tropea Factors
Under New York law, a parent can relocate outside of New York only with a court order or agreement by the other parent, but it must be in the best interest of the child and cannot inhibit the other parent from having parenting time, assuming he or she has visitation rights. Tropea v. Tropea, 87 N.Y.2d 727 (1996) is the …
New York Family Law: The UCCJEA and Home State Jurisdiction
The Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”) is adopted in all states in the U.S. and concerns jurisdiction of child custody matters. The UCCJEA provides that States must enforce custody and visitation orders from other courts, including foreign country courts. The UCCJEA also clarifies who has jurisdiction over custody cases. Under the UCCJEA, there are four bases …
New York Family Law: What is this Notice on my Child Support Order about Incarceration?
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 …
New York Family Law: Relocation of Non-Custodial Parent
A client recently asked me: what happens when the non-custodial parent wishes to relocate outside of New York City greater area? She was the custodial parent in this case. Unlike with a custodial parent wishing to relocate, the law does not require the non-custodial parent to seek permission by the court, absent a separation agreement by the parties saying otherwise. …
Meet Kymberly Robinson! New Associate Attorney on Board
Kymberly has been working for Rincker Law, PLLC as a contract attorney for several years and has now joined the team as an associate attorney. We are proud to have her part of the team. She is admitted to practice law in New York and Florida. She attended Union College in Schenectady, New York for her undergraduate studies, where she …
New York Divorce Law: Physical Abandonment
One of the “fault” grounds for divorce in New York is abandonment. There are two types of abandonment – physical abandonment and constructive abandonment (or sexual abandonment). In order to plead the ground of physical abandonment in a complaint for divorce, you must establish that 1) you have been abandoned by your spouse for one year or more, 2) the abandonment was …
New York Divorce Law: The Ground of Cruel and Inhuman Treatment
Cruel and Inhuman Treatment is one grounds for divorce in New York. To plead this ground in a complaint for divorce, you must establish that the course of conduct is harmful to your physical or mental health making cohabitation unsafe or improper. In other words, you must show more than mere incompatibility and the misconduct must be serious, not trivial. …