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New York Family Law Blog
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…
Interstate Child Custody Orders
What You Need to Know About Custody Orders Between States Although it can be difficult, it is not uncommon for divorced or unmarried parents to live in separate states. This type of arrangement can be challenging when it comes to determining how joint…
What’s Mine Is Mine: Defining Separate Property Under New York Divorce Law
One of the biggest questions in divorce litigation is often “who gets what?” Under New York law, when a couple gets divorced, the courts will utilize what is known as “Equitable Distribution” to divide up the parties’ martial property. Additionally, each party will…
Cheating Doesn’t Matter: Why Adultery Isn’t The Best Grounds For Filing A Divorce In New York
Often, the cause of a divorce can be tied to the most straightforward breaking of marriage vows: cheating. However, as much pain and anger an extramarital affair can cause, and as understandable as it is to want to file for divorce as a…
New Tax Law’s Effects On Alimony Deductions
The new tax law eliminates the tax deduction for alimony payments, potentially making marriages an even more hotly contested and costly process, especially for lower-income couples. Although upper middle class and wealthy households can usually afford higher taxes on alimony payments, those with…
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