Changes to the Military’s Former Spouse’s Protection Act 2017

Congress made a big change to the Former Spouse’s Protection Act in 2017. This is a big one. Basically, in a divorce, military retired pay is to be calculated as if the military member retired when the divorce started. Under…

0 Comments / 64 View / November 22, 2017

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 / 221 View / July 24, 2016

Should You Hire a Mediator for an Uncontested Divorce?

One of the biggest misconception is that when doing an uncontested divorce the parties only need one lawyer. The main driver for this belief is a desire to save money. Look, I get it, you think that the two of…

0 Comments / 307 View / July 24, 2016

Extending an order of protection

Orders of Protection In New York An order of protection issued by the New York Family Court can be extended on a showing of “good cause.” Ok, let’s take a step back and consider this. Under ordinary circumstances, a Family…

0 Comments / 168 View / February 20, 2016

Post-Divorce Maintenance – For divorces filed on or after January 25, 2016.

There is a new law for for post-divorce maintenance which will apply to all New York divorces filed on or after January 25, 2016. Instead of the 20 factors used for pre-2016 divorces, the New York legislature has given us…

0 Comments / 5309 View / January 16, 2016

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 / 712 View / October 4, 2015

Professional Degrees and Licenses are no longer marital property

For all divorces filed on or after January 25, 2016, licenses, degrees, professional goodwill and other forms of enhanced earnings will no longer be considered marital property. This law does not effect divorces currently pending or divorces filed before January 25,…

0 Comments / 702 View / October 4, 2015

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 / 119 View / September 18, 2014

Gay and Lesbian Child Custody Pitfalls

While the passage of the Marriage Equality Act in New York legalizing gay and lesbian marriages is an important advance in civil rights there are important issues which still need to be resolved. This post will focus on the issue…

0 Comments / 199 View / August 21, 2014

Police Pensions and Fire Department Pensions

In a divorce splitting the police pension or fire department pension is generally not that difficult. Equitable distribution of pensions is fairly simple under New York, except when the disability pension is involved. Starting at the beginning, police and fire…

0 Comments / 3122 View / December 15, 2013