How is child support enforced in New York?
In last week’s post, we reviewed how child support gets determined in New York divorce cases. While most parents comply with such financial assistance orders, there are situations in which people cannot or choose not to pay. We have helped numerous parents understand...
What should you know about New York child support laws?
The Child Support Standards Act in the State of New York requires that a non custodial parent pay to the custodial parent child support in a percentage. If there's one child, it is generally 17% of your gross income less social security tax. If there's two children,...
What is asset valuation in a divorce?
In a marriage, you and your spouse make investments and purchases as a couple. If that New York marriage dissolves, what happens to your assets? The two of you may argue over the house, the business property or even the furniture that you purchased as a couple. While...
Requesting retirement funds during a gray divorce
More couples over the age of 50 are filing for a divorce in New York as a way to start a new chapter in their lives. For many, requesting proceeds from a soon-to-be-ex-spouse's retirement fund may provide the financial means to reach their goals. Because the Empire...
Should you still play alimony if your ex is cohabitating?
You might not have any issue paying alimony to your ex-spouse as they transition into their post-divorce life in Rochester. Yet your willingness may be contingent on the understanding that such support is not meant to be permanent; rather, it is only meant to continue...
Should parents stay in broken marriages because of custody fears?
People may be hesitant to initiate divorce for a lot of different reasons. For example, they may be under a considerable amount of pressure due to their job, and they may feel like they are unable to take on any more responsibilities or deal with any other stressors...
What do I need to know about child custody in NY?
Divorce is difficult no matter how many people are involved, but when children come into the picture Things become much more complicated. It is important to know your rights as a parent under New York state law if you are going through a divorce and have to navigate...
What happens with my 401K in a divorce?
The New York court will look at every single asset you and your spouse have when dividing your property in a divorce. This includes retirement accounts. If you have a 401K, the court can divide that account between you and your spouse. There are some things you will...
Do you need a QDRO?
A QDRO, or qualified domestic relations order, is a legal decree issued by the court as part of divorce proceedings. When dividing marital assets, the court may decide that one spouse can claim a portion of the other spouse's retirement account. The QDRO provides...
Why are divorce rates increasing for older adults?
In 2004, researchers identified a trend in New York and the rest of the United States. It seemed that contrary to former statistics, the occurrence of divorce in older individuals was increasing. Forbes states the the divorce rate of those over 50 is on the rise while...
