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 …
Some Other Professionals That You Might Consider For Your Divorce
Besides a qualified matrimonial attorney and/or mediator (like yours truly), here are a few other types of professionals that you might want to consider hiring to help you through your divorce process: 1. Divorce Coaches – “Coaching” seems to be very hot right now. There seems to be a coach for everything these days – health coach, business coach, life …
A Few of the Many Reasons Why I Support Divorce Mediation
I’m a divorce lawyer and mediator. As a lawyer, I handle both contested and uncontested divorce. A “contested” divorce just means that 1 or both parties seek court intervention. An “uncontested” divorce means that the parties were able to reach a settlement agreement without seeking court intervention. In either context, couples can decide to use a mediator. Here are a …
How Organization Can Help You Save Money in Your Divorce
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 …
Overview of “Sealed” Divorce Papers in New York
New York has stronger privacy laws with divorces when compared to other states. Under New York Domestic Relations Law (“DRL”) § 235, pleadings to a matrimonial action are sealed for 100 years (in other words, for your lifetime). Only the parties themselves or the attorneys’ of record may obtain the court files. However, the court may order for the divorce …
Looking for Pro Se Assistance on Your New York Divorce?
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 …
Divorce Paths in New York: Contested vs. Uncontested Divorces
When I have a consultation with a divorce client, I always explain all of their different options. There are two different paths in New York for divorces – contested divorces and uncontested divorces. In contested divorces, court intervention is used. In either path, mediation can be used as a tool to help encourage settlement. Rincker Law, PLLC also does pro …
Are You a Fan of this “Blawg”? Let the ABA Journal Know!
It’s that time of year again when the American Bar Association (“ABA”) is asking for nominations to help it decide on the Top 100 Blawgs (i.e., law blogs). The ABA Journal is taking nominations through August 9th. To nominate this blog, please use this form. It should take you just a quick few minutes. You can nominate as many blogs …
Nominations for the Blawg 100 – Show Me Some Blog & Twitter Love!
To my beloved readers, It’s that time of year again when I shamelessly ask for votes. The American Bar Association (“ABA”) is accepting nominations for its 7th Annual “Blawg” (law blog) 100 list. In 2011, this blog made the Top 100 Blawg list (whoop!). In order for me to get on the list, I need my readers to take a …
3 Types of Alternative Dispute Resolution for Divorces
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 …
Wedding Bells this Summer? Is a Prenup Right for You?
It’s that time of year again when I get phone calls about prenuptial agreements for summer weddings. Remember, in New York, prenuptial agreements will be enforced so long as the terms are reasonable, both sides are represented by separate lawyers, and there is not duress. To prevent duress, neither party should feel pressure to sign the prenuptial agreement because of …
Listen to Me Talk Divorce & Divorce Mediation on the Russ Terry Show
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.