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 …
The law outlines what is marital property and what is separate property. However, the issue becomes murky when separate property was the marital residence, since often the marital residence is marital property. Real property purchased prior to the marriage does not become marital property merely because it is the marital residence (meaning that the couple lives there as husband and …
Members of the armed forces can be of various ranks, earning varying salaries. Accordingly, military “retired pay”, similar to a pension, is a valuable (marital) asset. Retired pay is the money a retired military personnel receives every year after retirement until his or her death. Retired pay is paid by the Defense Financing & Accounting Services (“DFAS”). If the former …
In this electronic age, parents can craft an agreement allowing the parent to have meaningful communication with the child(ren) using electronic methods (i.e., Parenting 2.0!) including: • Telephone (e.g., to the other parent’s phone or the child’s phone) • Video-conferencing (e.g., FaceTime, Skype) • Text messaging (e.g., WhatsApp, Viber) • Social media (e.g., Facebook, Instagram, Twitter, Snapchat) • Electronic mail …
Grandparent visitation is not automatic in New York. There is an assumption that the grandparent will have visitation with their grandchild through the grandchild’s parent. There is also a presumption that a fit parents acts in the best interest of their child. This means the courts will give great weight to the parent’s decision about their child’s visitation and access …
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 …
The courts prefer to keep siblings together for stability, companionship and close family ties. “Young brothers and sisters need each other’s strengths and association in their everyday and often common experiences, and to separate them, unnecessarily, is likely to be traumatic and harmful.” Obey v. Degling, 37 N.Y.2d 768 (1975). However, the courts will order split custody if it’s in …
Legal custody refers to the parent or parents that have decision-making authority over “major decisions” regarding the child, such as non-emergency medical care, religion, education, and extracurricular activities. When you think of the phrase “legal custody,” replace it with the phrase “decision-making” (e.g., sole decision-making or joint decision-making). Please note that “day-to-day” decisions are made with the parent who has …
The new spousal maintenance law signed into law by Andrew Cuomo at the end of September changes the concept of enhanced earning capacity in terms of looking at as an asset subject to equitable distribution. In the previous law, if a party earned a license or professional degree during the marriage, it was considered an asset to be divided …
Imputation of income to determine spousal and child support can be complicated and a vocational expert may be of help in evaluating the various factors involved in this process. A vocational expert (“VE”) is an authority in the areas of vocational rehabilitation, vocational and earning capacity, loss of earnings, cost of replacement of labor and lost ability/time in performing household …
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 …
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 …