Q & A – Gary Port Answers Your Questions

Gary Port, an attorney since 1986, and voted “Client’s Choice” on AVVO.COM answers questions regarding divorce, family law, military law and business law. Pardon some of the typos and grammar, as Gary answers some of these from his cell phone…

0 Comments / 63 View / August 9, 2013

Dividing the House – The House Bought After the Marriage, Webcasts Part 1 and 2

In this Webcast, Preeti Dawane and Gary Port discuss the division of the house when it is bought after the marriage was performed. The basic rule is that if the house is bought after the marriage, it is marital property,…

0 Comments / 117 View / July 31, 2013

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 / 991 View / September 4, 2011

Same Sex Marriage is Now Legal In New York

Governor Cuomo signed into law the marriage equality act. Basically, it means that ” MARRIAGE THAT IS OTHERWISE VALID  SHALL BE VALID REGARDLESS OF WHETHER THE PARTIES TO THE MARRIAGE ARE OF  THE SAME OR DIFFERENT SEX.” Furthermore, “NO GOVERNMENT…

0 Comments / 40 View / July 8, 2011

OLD LAW: Professional Licenses and Divorce

Since I posted the article below, the law has changed. For all divorces filed on or after January 25, 2016, professional licenses will not be considered marital property. For all divorces filed before January 25, 2016 they will be. Professional…

0 Comments / 296 View / April 26, 2009

Splitting the House – When The House is Bought Before Marriage

The biggest question in divorce, after children, involves the house. Who gets the house and how is it divided? First, as I stated elsewhere on this site, the name on the deed is irrelevant to the question of who gets…

0 Comments / 4923 View / April 4, 2009

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 / 291 View / April 4, 2009

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 / 495 View / April 4, 2009

The Child’s Lawyer – The Role of the Law Guardian (now called “Attorney for the Child”)

The role of the child’s lawyer, previously known as the law guardian, now called “the attorney for the child” is very confusing, not only to parents, but the judges, lawyers and even to the law guardians. Recently, the role has…

0 Comments / 711 View / March 22, 2009

Parental Alienation

Parental alienation is a big and important area of child custody cases. While many non-custodial many believe that parental alienation is occuring the question is what can be done about. Under the New York Domestic Relations Law, parental alienation can…

0 Comments / 524 View / March 22, 2009