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 …
The New Maintenance Rules for Post-Divorce Maintenance
In late September, new maintenance legislation was signed into law in New York. The new bill changes the guidelines for calculating post-divorce maintenance. The law goes into effect January 25, 2016. Similar to the temporary maintenance guidelines, the income cap for post-divorce maintenance is also $175,000. Additionally, the court makes the determination of which formula to use based on which …
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 …