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 …
NY Family Law: Prenuptial Agreements, Bad Choices and Unconscionably
If you are making a bad decision, does that automatically mean that it was not a meaningful decision? The Court in Barocas v. Barocas, 94 A.D.3d 551 (1st Dept. 2012) sure thought not. Arguing that the prenuptial agreement is unconscionable is a way to have the agreement declared invalid. In Barocas, the parties disclosed all of their assets and the …
NY Family Law: Child Care Costs and Child Support
Parents have an obligation to support their children. In addition to basic child support, which is determined by a formula in accordance with the Child Support Standards Act, “add-ons” are other obligated expenses provided for in New York’s Domestic Relations Law, including unreimbursed health care (DRL 240 1-b(c)(5)(v)), child care (DRL 240 1-b(c)(4)) and educational expenses (DRL 240 1-b(c)(7)). Child …
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 …
When a Couple Calls it Splitzo, Who Gets Custody of the Dog?
In young couples and/or childless couples, custody of pets has been a sore subject that has come up in my practice. Pets are interesting because they are not children, but they are not exactly purely personal property either. Custody over a mini dachshund named Joey was at issue in the interesting case of Travis v. Murray, 42 Misc.3d 447 (Sup. …
Child Custody and Visitation Disputes that Cross State Lines
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is followed by the State of New York and is codified in New York’s Domestic Relations Law Sections 75-78. Its applicability is with child custody and visitation disputes that cross state lines. The family law community regularly uses the statutory acronym UCCJEA – hopefully this post will dissect some of the …
Why Hire an Attorney for an Uncontested Divorce When Forms are Available Online?
Filing a New York uncontested divorce or an annulment can seem easy to do. In the case of an uncontested divorce, there are forms available on the court’s website. For annulments though, there are no forms available to the public, but it is substantially similar to filing for an uncontested divorce. That being said, there are over 15 documents that …
The 4-Step Divorce Mediation Process
It’s as easy as 1,2,3… 4! Okay, okay, divorce mediation isn’t always so “easy” but this document that I created demonstrates the 4 step process. Initial Consultation – this is where an initial consultation agreement and confidentiality agreement is signed and the mediation process is discussed Mediation Period – this could take a bit depending on the complexity of the …
Top 10 Reasons Why Prenuptial Agreements Are Romantic
As I wrote in this post a few years ago, I believe that engaged couples should shift the way they look at prenuptial agreements. I will be speaking tonight to my BNI Chapter on why I think prenuptial agreements are romantic. If you’re in NYC, I would love for you to come and hear the presentation. If you cannot make …
Divorce: I’m Living in a Pre-Marital Home- Now What?
All property in a divorce fits into one of three buckets: (1) Husband’s separate property, (2) Wife’s separate property, and (3) Marital Property. Property will be divided by equitable distribution (which does not necessarily mean equal). Marital property is broadly construed in order to give effect to the ‘economic partnership’ concept of the marriage relationship recognized in the statute. Separate …