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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The New Maintenance Rules for Post-Divorce Maintenance

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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 …

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NY Family Law: Imputing Income

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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 …

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