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 …
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 …
Form I-864: Sponsoring Spouse’s Duty to Support
To file for a green card, the U.S. citizen must complete Form I-864, an Affidavit of Support, which is an immigration document requiring the U.S. citizen to maintain his or her foreign national spouse at or above 125% of the Federal Poverty Guidelines. Divorce does not nullify this promise of support. This is because the Affidavit of Support “serves the …
My Presentation on New York Matrimonial Law
I really enjoyed presenting at Fordham Law School last weekend alongside the great (and brilliant) Veronica Escobar, Esq. My presentation, embedded below, discusses the jurisdictional differences between Supreme Court and Family Court, the procedures for starting a divorce, the uncontested v. contested divorce path, Notice of Automatic Orders, types of matrimonial agreements, prenuptial agreements, grounds for an annulment vs. grounds …
Primer in New York Matrimonial Law
I will be giving a primer in New York matrimonial law along with (the fabulous) Veronica Escobar, Esq. next Saturday, January 24, 2015 at Fordham University, School of Law during the “Bridge the Gap” Continuing Legal Education seminar designed for newly-admitted attorneys. We will be discussing the following issues: Divorce Paths Jurisdictional differences between Family Court and Supreme Court Alternative …
The Termination of Spousal Maintenance in New York
I get a lot of questions from client regarding spousal maintenance (or alimony) and when it terminates. No matter how much maintenance is awarded or how long the duration of the maintenance is, in all cases maintenance ends upon remarriage of the recipient spouse, cohabitation of the recipient spouse with another man or woman (even if you are not legally …
A Primer on Matrimonial Law in New York
I will be giving an overview of New York divorce law at Fordham Law School on January 24, 2015 for the Bridge the Gap CLE along with Veronica Escobar titled “A Primer on Matrimonial Law in New York.” Veronica and I will give an overview of New York matrimonial law beginning with the two different paths to divorce: the contested …
How Organization Can Help You Save Money in Your Divorce
I help people through the emotional, life-changing experience of a divorce. A new chapter awaits on the other side. But first, the parties have to get through the divorce process. There is a lot of financial transparency in a divorce. The parties each have the legal right to financial disclosures from the other party. If the parties choose to go …
Looking for Pro Se Assistance on Your New York Divorce?
The New York State Unified Court System as a nice instruction guide to help pro se litigants file their divorce papers. You can find the booklet here. I am also available on an hourly basis for pro se assistance. Whether you want to speak about your legal rights or want an attorney to review the final documents before submitting them …
3 Types of Alternative Dispute Resolution for Divorces
There’s a trend now with divorcing couples seeking forms of Alternative Dispute Resolution (“ADR”). As an attorney and mediator, I always discuss all options with potential clients during the consultation. Here’s an overview: Mediation Mediation can take place at any stage during a divorce and is highly encouraged by the court. The goal of a mediator is to facilitate a …
Listen to Me Talk Divorce & Divorce Mediation on the Russ Terry Show
I had a great time talking divorce and divorce mediation on Monday night on the Russ Terry Show: Live Your Best Life. You can listen to the hour show on dealing with divorce here. Want some quick and dirty tips instead? Listen to Russ Terry’s debrief with 5 Tips for Dealing with Divorce here.
Guest Appearance on the Russ Terry Show: Dealing with Divorce
I will be making a guest appearance on the Russ Terry Show on March 25, 2013 from 9-9:30pm. Russ is a Life Coach in the Greater New York City area and his Blog Talk Radio Show has different themes each week. On the 25th, Russ will be getting down and dirty with the “D” word (“and I don’t mean Dallas”). …