Update on Dissolution of Out-of-State Civil Unions
I have previously written regarding the problem posed by out-of-state civil unions. Under New York law, while such unions are recognized through the principles of comity, New York does not have any...
View ArticleFor Unmarried Couples, Promise to Support Your Significant Other Is Not Binding
Marriage of the parties creates binding legal obligations and rights between spouses, including an obligation to support your spouse financially, as well as the right to division of jointly acquired...
View ArticleVarying From Statutory Child Support Percentages
I have previously written about the court’s ability to consider not only the income one or both parties actually reported but the income as should have been reported. What is not commonly known is...
View ArticleAnother Update On No-Fault Divorce In New York
I have previously written about the slow progress of no-fault divorce legislation though New York’s Senate and Assembly here and here. Finally, it appears that New York is on the cusp of passing...
View ArticleAcknowledgment of Paternity – Should It Be Signed By the Putative Father?
During the last few months, I have been involved with a case that involved an acknowledgment of paternity that was signed by someone who was not the child’s biological father. While most of the time...
View ArticleNo-Fault Divorce Becomes Law In New York
The no-fault divorce bill has been signed by the Governor Patterson and will go into effect in 60 days. That means that starting on October 13, 2010, someone who wants to be divorced in New York will...
View ArticleUpcoming Changes to New York’s Child Support Law and Social Services Law
When New York’s Legislature finally passed the no-fault divorce law and made changes to temporary maintenance and attorneys fees awards, it also passed a number of less publicized changes to the Child...
View ArticleDoes Family Court Have Jurisdiction Over Family Offenses Committed Outside of...
In a recent case, the Appellate Division had to decide whether the Family Court has subject matter jurisdiction over family offense proceedings where the alleged acts occurred outside of the state and...
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 ArticleExclusive Possession of Marital Residence Revisited
I have previously written about exclusive possession of a marital residence during a pending divorce action. The applicable standard requires a showing of a marital strife and that the parties were...
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