Changes in Temporary Maintenance and Child Support Statutes
Because of the language in the statute providing for cost of living adjustments, temporary maintenance guidelines income cap was raised from $500,000 to $524,000. The “cap” on each spouses annual...
View ArticleShared Custody and Child Support – Number of Overnights Controls
I have previously written about the case of Baraby v. Baraby, 250 A.D.2d 201, 681 N.Y.S.2d 826 (3d Dept, 1998), where the Appellate Division held that in an equally shared custody case the parent who...
View ArticleUpdates to New York’s Child Support Standards Chart
According to the Child Support Standards Chart, prepared by New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement, and released March 12, 2014, the 2014...
View ArticleConstructive Emancipation and the Child’s Conduct
I have previously written about constructive emancipation issue and also addresses some of the applicable law in another post. Generally, a child can become emancipated through his actions when the...
View ArticleEnforcement of Payment Obligations Pursuant to Judgment of Divorce
One of the issues that occurs in cases where a party is ordered to make spousal maintenance or child support after the judgment of divorce is entered, is that party may fail to make such payments. This...
View ArticleAllocation of Child Care Costs in Child Support Cases
Under New York law, child support consists of two elements: “basic” child support and the “add-ons.” Domestic Relations Law §240 (1-b)(c)(4) and Domestic Relations Law §240 (1-b)(c)(6) provide that...
View ArticleParent Who Is Prevented From Seeing Child By Other Spouse Is Not Obligated To...
I have previously written about situations where a child becomes constructively emancipated as a result of the child’s refusal to have contact with the parent. What happens in situations where a...
View ArticleCollection of Child Support Arrears
One issue that often comes up when someone owes child support or spousal support arrears is how those arrears are to be collected. One of the more common methods is through the use of income execution...
View ArticleSperm Donation, Paternity, and What Not to Do
Generally, a sperm donor is not treated as a father under New York law. However, a typical sperm bank will have prospective mother sign a contract that will disclaim any liability for the donor. A...
View ArticleHow Far Back Can Child Support Be Recalculated?
Ordinarily, proceedings to modify child support or related expenses are retroactive to the date of filing of the new application or petition. However, proceedings that argue that the court order or...
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