Ask Kym: Can I Modify Spousal Maintenance in New York if I Have a Child in New Marriage?

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Babies are expensive.  Getting married is expensive.  Having a wife is expensive.  All of these are considerations to be had when you have support obligations arising out of a first marriage.  Many people think that since the payor (the one paying support) has a “new family,” the obligation to the first spouse will cease.  This is not the case. In …

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Ask Cari: What are Some Considerations for Farm or Ranch Divorces?

Rincker LawAsk Cari, Family/Matrimonial Law, Food & Ag Law Leave a Comment

Since practicing family law in Central Illinois, I have had a lot of farm divorces.  Hear me discuss three considerations for farm and ranch families going through a divorce here.

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Family Law Issues in Agriculture: Child Support

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Child support in most states is largely formulaic (i.e., a math equation)– basic support is typically calculated by looking at the income and qualified deductions of each parent. However, for most involved in farming and ranching or other kind of agri-business, finding the numbers for the math equation is anything but straightforward. This figure is also used to help calculate …

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Family Law Issues in Agriculture: Prenuptial Agreements

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Prenuptial agreements are oftentimes viewed as taboo; instead, farmers, ranchers, agribusiness owners, and food entrepreneurs should view prenuptial agreements like an insurance policy for a marriage. Nobody gets on an airplane thinking that it is going to crash, but you still go over the safety instructions. A prenuptial agreement simply notes the safety instructions in case the marriage terminates for …

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Family Law Issues in Agriculture: Orders of Protection

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An Order of Protection is available for parties who are being stalked, harassed, or abused by their partner (physically, verbally, or sexually). It is available not only for romantic relationships (e.g., spouse, boyfriend/girlfriend), but also other family relationships (e.g., between a farmer landlord uncle and farmer tenant niece). Although the procedures for filing and defending against an order of protection …

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Family Law Issues with Agriculture: Estate and Succession Planning

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It is uncommon for agriculture producers and business owners to consider estate planning and succession planning for their agriculture operation in the midst of a divorce; however, divorcing farm families should consider this while negotiating the division of marital assets. These assets may include the farm or ranch business and its assets. After all, divorce is one of the Big …

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Family Law and Cryogenetics

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Cryogenically frozen embryos are a very unique type of marital property, to say the least.  They represent two divorced people having a baby.  Dividing this unique, and emotionally charged, property hinges on balancing one party’s interest in not being forced to procreate after a divorce and the right of the other party to have a biological child, which in most …

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New York Matrimonial Law: Durational Spousal Maintenance Calculations

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In New York State, the income cap for maintenance payor’s income in calculating temporary maintenance and post-divorce maintenance has increased to $184,000.00.  Here is how maintenance would be calculated in an example where the incomes are as follows: Payor spouse’s Income: $200,000.00 per year. Payee spouse’s Income: $80,000.00 per year. Based on these figures, the adjusted gross income of the …

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Wanna Catch-Up on My Old Podcasts?

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So the cat is out of the bag –  I will be starting a new podcast soon with Purdue University Extension called “Ag Law Today”.  In preparation of entering this new podcasting, I have compiled my old appearances on podcasts.  You can view it here.  Happy listening and stay tuned for more info on Ag Law Today!

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New York Child Custody and Visitation Law: Sibling Visitation

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Siblings have a statutory right to visitation with each other.  This is true whether the relationship be of full-blood siblings or half-blood siblings.  There is a two-part analysis for evaluating sibling visitation.  First, standing – or the right to be heard – has to be established.  Second, the court must determine whether the visitation is in the best interest of …

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Child Custody and Visitation: Getting the Basic Parenting Schedule in Place

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Parents should decide on a “basic parenting time schedule” that the parents will conduct in a regular week.  Parents should consider what is reasonable taking into consideration the location of the parent’s home, the parent’s schedule and the child’s schedule. If the parents do not live near each other, the parenting schedule deviates from regular short-term access such as every …

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Additional Considerations with Child Custody and Visitation Agreements – Think About Communication

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Information Sharing Most parenting plans include a provision requiring the parents to share information about the child(ren) with such information as: medical records psychological records law enforcement records school report cards school progress reports school event calendar (e.g., school play, parent-teacher conferences) extra-curricular activities calendar (e.g., baseball game schedule or dance recitals). Some parents decide to keep a shared calendar …

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