Category : Child Support

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College Tuition Basics

There is no mandatory requirement that parents pay for college education. So, why do so many divorce agreements have a college clause? Because the court has the discretion to order it. So, in order to protect themselves from what a…

0 Comments / 180 View / July 24, 2016

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New Temporary Maintenance Law

New Temporary Maintenance (Spousal Support) Law Starting for all divorces filed on or after October 26, 2015, there is a new law for temporary maintenance (spousal support) in New York. Please note we DO NOT use the term “Alimony” in…

0 Comments / 668 View / October 4, 2015

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Service on a missing party by Facebook

In Divorce and Family law cases the statute generally requires that the other party, wife, husband, mother, father, etc, be served in person. That means the divorce papers or family court petition must be placed in the other person’s hands….

0 Comments / 115 View / September 18, 2014

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Child Support and the $141K Cap

Child support in New York is based upon the Child Support Standards Act, which is found in both the Domestic Relations Law and the New York Family Court Act.The basic rule is that child support is based upon a percentage…

0 Comments / 942 View / September 4, 2011

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College Tuition

Here’s a quick one: There is no legal obligation to pay college tuition. This simple statement often upsets one set of parents and makes another set happy. However, under the Child Support Standards Act, there is no requirement that a…

0 Comments / 285 View / April 4, 2009

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Child Support -When Each Parent Has a Child

A question which tends to come up is: how does child support work when each parent has one of the children? Logic would dictate that neither parent pays child support to the other. However, that is not always the case….

0 Comments / 477 View / April 4, 2009

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Landmines In Child Support Part 1

A legal landmine is a mistake that I see people repeatedly make. The mistake is made because the person doesn’t realize he is making it, until it is too late. In New York family law and divorce law, there are…

0 Comments / 79 View / December 25, 2007

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Parental Alienation

Judge Richard Lawrence, Family Court, Nassau County, noted in Matter of FS-P v. AHR, published in the New York Law Journal on August 31, 2007, that “a court may suspend a non-custodial parent’s duty to provide child support after a…

0 Comments / 87 View / September 29, 2007