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Parent Alienation

Divorce is hard no matter what, especially when there are children involved. Negotiating custody, visitation, and support can be a timely and emotional process, which is why it’s key that both parties involved put the best interests of their children before everything else.…

Child Support Enforcement In New York City

Like many states, New York has strict laws regarding child support payments. All child support negotiations and determinations must be completed before a divorce can be finalized. Because the court makes its final decision based on the “best interests of the child,” a…

Requesting Temporary Exclusive Use Of The Marital Home

When one spouse files for divorce, it often inspires a stressful-and sometimes even hostile-household environment. To resolve this issue, both spouses can work with their individual legal representatives to petition the court for temporary possession of the family home. Unfortunately, New York courts…

Dependency Exemptions & The Child Tax Credit Under The TCJA

Making child custody and child support determinations is an integral aspect of the divorce process. Before spouses can legally part ways, they must first reach an agreement regarding related tax deductions and the child tax credit. Before 2018, parents could claim qualifying children…

Dependency Exemptions & The Child Tax Credit Under The TCJA

Making child custody and child support determinations is an integral aspect of the divorce process. Before spouses can legally part ways, they must first reach an agreement regarding related tax deductions and the child tax credit. Before 2018, parents could claim qualifying children…

How Gambling Can Affect Property Division During Divorce

The Concept of Marital Waste in Property Division “Marital waste” refers to the intentional dissipation of shared assets by one party for their own benefit. This often occurs when one spouse uses shared finances or other marital property for extravagant vacations, designer clothing,…

The Value Of Prenups In Spousal Maintenance Determinations

Do Prenuptial Agreements Prevent Alimony? A legitimate prenuptial agreement could keep you from paying or receiving alimony after divorce. However, a judge may still order spousal maintenance if they decide your prenuptial agreement is invalid. Your prenup may not be enforceable in court…

What Happens To A Timeshare During Divorce?

New York Is an Equitable Distribution State Equitable distribution is legal principle that refers to division property and finances based on the relative needs and contributions of both spouses. This means when couples in New York get divorced, state courts attempt to divide…

Child Custody: Older Siblings’ Influence On Younger Children

New York Judges’ Approach to Deciding Matters of Child Custody In New York State, judges typically do not ask or allow children to testify in divorce court or dictate with whom they will live. Depending on the case, a judge may consult with…

Forensic Evaluations In a Custody Dispute

Child custody orders are quite significant and have the power to shape a child’s entire future. With such a momentous decision on the line, emotions can quickly escalate, leading to a dispute between both parents. When this happens, the court may decide that…

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