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Navigating New York Child Support Laws (CSSA) in 2025

Child Support

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January 22, 2023

Introduction to New York Child Support

New York Child support laws are an important part of a family’s financial stability. In New York, the court system is responsible for making sure that parents are meeting their obligations with regard to providing financial support for their children.The law is called the Child Support Standards ACT (CSSA). It defines how, when, and how much is to be paid. Here’s a link to a cheatsheet on how much to pay, on the State’s Website.

Supporting your child in New York is mandatory. Even if agreed upon by the parents the amount must be approved by the judge as being consistent with the law.

It is important to understand the laws in order to ensure that your rights are respected. This article will provide an overview of CSSA including how it is calculated, what factors are considered, how to file for it, and more.

Introduction

The laws are designed to ensure that children receive the financial support they need from both parents. This is not only New York State law, but Federal law as well. That means that a judge must approve every child support agreement.

The CSSA is designed to ensure that both parents have a legal responsibility to provide for the needs of their children, regardless of the parent’s marital status. In New York, the court system is responsible for overseeing and enforcing the CSSA. It is important to understand the laws and your rights so that you can make sure that your children receive the support they need.

Overview of New York State Child Support Laws

In New York, the court system is responsible for enforcing the New York Child Support laws. The court system is responsible for making sure that parents are meeting their obligations with regard to providing financial support for their children. The court system also has the authority to order parents to pay support, modify existing orders, and enforce unpaid orders.

Under the CSSA, both parents are legally required to provide financial support for their children. This means that the court can order payments from either parent, regardless of their marital status. The court will also consider the resources of both parents, as well as the needs of the children when making a child support order.

What is Child Support?

Child support is a payment that is made by one parent to the other parent in order to provide financial support for their children. This payment is usually made on a monthly basis, although it can also be made in lump sums. The amount of the payment is determined by the court and is based on the income of both parents and the needs of the children.

Under the CSSA, the court system is responsible for making sure that both parents are meeting their financial obligations with regard to providing financial support for their children. The court can order either parent to pay child support, and can also modify existing child support orders.

How is it Calculated Under the New York Child Support Laws?

Calculating child support in New York uses a formula that takes into account the incomes of both parents and the needs of the children. The court will consider both parents’ incomes and the needs of the children when making an order. The amount of the payment is based on the needs of the children, as well as the income of both parents.

Under the New York Child Support Laws, the court also has the authority to modify existing orders. The court will consider changes in the needs of the children and the incomes of both parents when making a modification. The court will also consider factors such as the cost of living in the area where the child support is being paid, and any special needs that the child may have.

Factors Considered in Determining New York Child Support

When determining support, the law directs the court will consider several factors. First and foremost is a mathematical calculation.

Under the CSSA the amount of support is based on the number of children to be covered. For one child, the noncustodial parent will pay 17% of their income, for two children, it will be 25% of the income, for three children it will be 29% and for 4 children it will be 31%.

The court may also deviate upwards by considering the needs of the children, the cost of living in the area where the support is being paid, and any special needs that the child may have. The court will also consider the resources of both parents, as well as the amount of time that each parent spends with the child.

Ultimately, the purpose of the New York Child Support laws is to provide predictability and regularity to child support orders.

How is Income Calculation?

The New York Child Support laws take a very expansive definition of “income.” Income is defined as “all income from whatever source.” To drive that home, the courts will consider all income, regardless of the source. Even off-the-books income is considered. Some of the things considered as income:

a. Salary

b. Unemployment benefits

c. Disability payments

d. Gifts from friends and family

e. Job benefits, such a car.

Allowable Deductions

Unfortunately, the only deductions allowed by the laws are the social security tax, the medicare tax, the New York City or City of Yonkers tax, and payments made to another child under a court order.

The court is not required to consider the living or other expenses.

The Income Cap

One of the key components of the New York Child Support law is the income cap, which sets a maximum limit on the amount of income that can be used in the initial calculation of child support.

The income cap is adjusted periodically to keep pace with inflation and changes in the cost of living. As of 2024, the income cap is $183,000 annually. This means that if a parent’s income exceeds $183,000 per year, the court will only consider the first $183,000 when calculating child support.

As discussed above the initial calculation under the CSSA is based on a formula that takes into account both parents’ incomes and the number of children involved. The formula is designed to ensure that the child receives the same proportion of each parent’s income that they would have received if the parents had stayed together.

For example, if a couple has one child and the non-custodial parent earns $100,000 per year while the custodial parent earns $50,000 per year, the non-custodial parent would be responsible for paying 17% of their income. This would amount to $17,000 annually or $1,416.67 per month.

However, if the non-custodial parent’s income exceeds the income cap of $183,000 per year, the court will only consider the first $183,000 when making the initial calculation. This means that in the above example, the non-custodial parent would be responsible for paying 17% of $183,000, which amounts to $31,110 annually, or $2,592.50 per month.

It’s important to note that under the CSSA the court may deviate from the income cap in certain circumstances. For example, if the child has special needs that require additional support, the court may order the non-custodial parent to pay a higher amount. Similarly, if the custodial parent’s income is significantly lower than the non-custodial parent’s income, the court may also deviate from the income cap to ensure that the child’s needs are adequately met.

In cases where the noncustodial spouse is a high-wage earner, the court may adjust the cap upwards. It is not uncommon for a noncustodial parent making over $300,000 to have the income cap adjusted to $200,000 or even $300,000.

Childcare Expense

New York Child Custody laws do not merely allow but mandate the court can also award childcare expenses. These are expenses that the custodial parent has in order to work or go to school. Generally, the court will award childcare expenses based upon a percentage between the two parents’ incomes. The court can and will order support and childcare expenses.

Voluntary Reduction of Income

“If my income goes down does my child support go down?” The short answer is no.

If a parent voluntarily reduces their income, the court is empowered under the New York Child Support laws to impute income to that parent based on their earning capacity. This means that the court will determine what the parent is capable of earning based on their education, work history, and other factors, rather than what they are actually earning.

For example, if a non-custodial parent voluntarily quits their job or takes a lower-paying job in order to reduce their child support obligation, the court may impute income based on what the parent could earn if they were working at their full earning capacity. This means that the court will calculate child support based on the income the parent could be earning, rather than the income they are actually earning.

It’s important to note that the court will only impute income if it believes that the parent is intentionally underemployed or unemployed in order to reduce their child support obligation. If a parent’s income reduction is due to factors beyond their control, such as a layoff or disability, the court may not impute income.

However, that does not mean that the court will reduce child support. The court may keep the child support at the same level. It may also temporarily reduce child support and require the noncustodial parent to seek employment. The court will require that a job log be maintained and to report periodically back to the court.

How to File for Support in New York

Under the New York Child Support Laws, parents can file for support through the Family Court or during a divorce in the Supreme Court.

To file in Family Court Parents will first need to fill out a petition for support. This petition will include information about the parents’ incomes, the needs of the children, and any special needs that the child may have. The court will then review the petition and make a decision about the amount of child support payments that should be made.

The court will then review the recommendation and make a decision about the amount of child support payments that should be made.

In a divorce, the application is made by a motion. This will be done by your lawyer.

The Role of the Support Court

In New York, the court system is responsible for enforcing the laws governing support. The court system is responsible for making sure that parents are meeting their obligations with regard to providing financial support for their children. The court system also has the authority to order parents to pay child support, modify existing child support orders, and enforce unpaid child orders.

The Family Court has a specific magistrate whose sole job is to create and enforce support orders.

The court also has the authority to modify existing support orders. The court will consider changes in the needs of the children and the incomes of both parents when making a modification. The court will also consider factors such as the cost of living in the area where the support is being paid, and any special needs that the child may have.

How to Modify a Support Order

It is possible to modify a child support order if there have been changes in the needs of the children or the incomes of the parents if three years have elapsed since the last order if there has been a 15% change income of the parties. In order to modify a child support order, the parents will need to file a petition with the court. The petition will include information about the changes in the needs of the children or the incomes of the parents. The court will then review the petition and make a decision about the amount of child support payments that should be made.

How to Collect Unpaid Child Support

If a parent fails to pay support, the court system can take action to collect the unpaid child support. The court can issue a wage garnishment, which is an order that requires the parent’s employer to withhold a certain amount of the parent’s wages and send it to the court. The court can also issue an income execution, which is an order that requires the parent’s bank or other financial institution to freeze the parent’s accounts and pay the unpaid amount directly to the court.

The court also has the authority to order the parent to pay interest on any unpaid child support. The court can also order the parent to pay the court’s costs and fees associated with collecting the unpaid child support. Finally, the court can order the parent to serve jail time for failing to pay child support.

Additional Resources

If you need assistance in navigating the laws governing child support in New York, there are a number of resources available. You can contact your local social services office for assistance in filing for child support or modifying an existing child support order. You can also contact a lawyer for assistance in filing for child support or modifying an existing child support order. Finally, you can contact Port and Sava for a free 15 Minute Telephone Consultation 516-352-2999.

Conclusion

Understanding the New York Child Support Laws is an important part of a family’s financial stability.

If you need assistance in navigating the New York Child Support Laws (CSSA) there are a number of resources available. You can contact your local social services office for assistance in filing for child support or modifying an existing child support order. Finally, you can contact Port and Sava for a free 15 Minute Telephone Consultation 516-352-2999.

An Instructive Guide to Understanding Your Military Retired Pay 2023

Gary Port

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January 21, 2023

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Military service is a unique and courageous job that provides veterans and their families with a variety of benefits, including retirement benefits. While the thought of retirement can be exciting, the process of understanding and navigating the military retirement system (known as “Military Retired Pay”) can be confusing and intimidating. As a result, many service members and veterans are unaware of the full range of retirement benefits available and how to best use them.

Port and Sava is a Veteran owned law firm, with Gary Port, a retired Lieutenant Colonel, JAG, and George Sava, a GWOT veteran, and former CPT, JAG.

This guide is designed to help military members, veterans and their families understand the military retirement system and how to get the most out of their retirement benefits. Through this guide, we will discuss what military retirement is and the different types of military retirement plans, the benefits of military retirement, how to understand your military retired pay chart, how to calculate your military retirement pay with a retirement calculator, understand the High 3 retirement plan, other military retirement plans, military retirement services and tips for making the most of your retirement.

What is Military Retired Pay?

Military retired pay is a form of pension that is provided to members of the United States military after they have completed their service. It is a reward for their years of service and dedication to protecting our nation. Retirement benefits vary depending on the type of military service and length of service, but all retirees are eligible for some form of retirement benefits.

The amount of retirement benefits depends on the member’s rank and length of service. The military retirement system is different from a civilian retirement system, such as Social Security, because the military retirement is based on a member’s rank and length of service instead of their income. Retirees can also receive additional benefits such as Social Security, Thrift Savings Plan, and Veterans Administration benefits.

Types of Military Retirement Plans

The military offers three different types of retirement plans: the High 3 Retirement Plan, the REDUX Retirement Plan, and the Blended Retirement System.

The High 3 Retirement Plan is the traditional retirement plan for service members who have served for at least 20 years or more. This plan provides a pension based on the retiree’s highest 36 months of base pay. The pension is calculated by multiplying the highest 36 months of base pay by a percentage based on the member’s years of service.

The REDUX Retirement Plan is an alternative retirement plan that offers a lower monthly pension than the High 3 Retirement Plan. This plan is offered to members who have served for 15 to 19 years. Retirees who choose this plan receive a lump sum of $30,000 when they retire in addition to their monthly pension.

The Blended Retirement System is a new retirement plan that began in 2018. This plan is designed for members who have served for fewer than 12 years and combines the traditional pension with a Thrift Savings Plan. The Thrift Savings Plan is a retirement savings plan similar to a 401(k).

The Benefits of Military Retirement

Retirement from the military offers many benefits, including financial security, health benefits, and other benefits that civilian retirees may not have access to.

Financial security is one of the most important benefits of military retirement. Retirees receive a monthly pension that begins upon retirement, and this pension can provide a steady source of income for the rest of their lives. Additionally, retirees may also be eligible for Social Security benefits, Thrift Savings Plan benefits, and Veterans Administration benefits, which can provide additional income.

Retirees also receive free healthcare coverage through the Department of Veterans Affairs (VA). This coverage includes access to VA medical facilities, prescription drug coverage, and dental coverage. Additionally, retirees may be eligible for other VA benefits such as home loans, educational benefits, and survivor benefits.

Military retirees also have access to other benefits such as discounts on hotels, rental cars, restaurants, and more. Additionally, retirees may be eligible for life insurance and disability benefits.

Understanding Your Military Retirement Pay Chart

The military retirement pay chart is a tool that shows how much a retiree will receive in retirement pay. The retirement pay chart is based on the retiree’s rank, years of service, and the High 3 Retirement Plan.

The High 3 Retirement Plan is based on the retiree’s highest 36 months of base pay. The amount of retirement pay is calculated by multiplying the highest 36 months of base pay by a percentage based on the member’s years of service.

The military retirement pay chart is available on the Department of Defense website, and it is important for retirees to understand how their retirement pay will be calculated. Retirees should also be aware of any changes to the retirement pay chart that may occur in the future.

Calculating Your Military Retirement Pay with a Retirement Calculator

A retirement calculator is a useful tool for calculating a retiree’s military retirement pay. Retirement calculators can be found online and can help retirees estimate their monthly retirement pay. DFAS has a calculator to help determine what your final pay will be. https://militarypay.defense.gov/Calculators.aspx

Retirement calculators require retirees to input their rank, years of service, and the High 3 Retirement Plan. The calculator will then use this information to estimate the retiree’s monthly pension.

Retirees should use retirement calculators in conjunction with the military retirement pay chart to get an accurate estimate of their monthly retirement pay. This can help retirees plan for their retirement and understand how much money they will need to live comfortably in retirement.

Understanding the High 3 Retirement Plan

The High 3 Retirement Plan is the traditional retirement plan for service members who have served for at least 20 years or more. This plan provides a pension based on the retiree’s highest 36 months of base pay. The pension is calculated by multiplying the highest 36 months of base pay by a percentage based on the member’s years of service.

The High 3 Retirement Plan is the most generous military retirement plan and provides retirees with the highest level of retirement benefits. It is important for retirees to understand the High 3 Retirement Plan in order to maximize their retirement benefits.

Retirees should also be aware that the High 3 Retirement Plan is subject to change in the future and that the amount of retirement pay could decrease if the military makes changes to the plan.

Other Military Retirement Plans

In addition to the High 3 Retirement Plan, there are several other military retirement plans available to retirees. These plans include the REDUX Retirement Plan, the Blended Retirement System, and the Reserve Retirement Plan.

The REDUX Retirement Plan is an alternative retirement plan that offers a lower monthly pension than the High 3 Retirement Plan. This plan is offered to members who have served for 15 to 19 years. Retirees who choose this plan receive a lump sum of $30,000 when they retire in addition to their monthly pension.

The Blended Retirement System is a new retirement plan that began in 2018. This plan is designed for members who have served for fewer than 12 years and combines the traditional pension with a Thrift Savings Plan. The Thrift Savings Plan is a retirement savings plan similar to a 401(k).

The Reserve Retirement Plan is a retirement plan for members of the Reserve or National Guard. This plan is based on a retiree’s points, which are earned through service in the Reserve or National Guard. Retirees can use a Reserve Retirement Calculator to estimate their retirement pay.

Military Retirement Services

Retirees may find it helpful to use military retirement services to help them navigate the retirement process. Military retirement services can provide retirees with guidance on how to maximize their retirement benefits, as well as information on the different types of retirement plans and how to calculate their retirement pay.

Retirees should also consider using a financial advisor to help them plan for their retirement. Financial advisors can help retirees understand their retirement benefits, create a retirement plan, and make sound investment decisions.

Retirees should also consider using a VA-accredited attorney to help them with any legal issues related to retirement. VA-accredited attorneys are knowledgeable about the military retirement system and can provide retirees with important legal advice.

Tips for Making the Most of Your Military Retirement

Retirement from the military can be an exciting time, but it is important for retirees to plan for their retirement and make the most of their benefits. Here are some tips for making the most of your military retirement:

Understand your retirement benefits. Take the time to understand your military retirement benefits and how they will affect your retirement.
Create a budget. Create a budget and stick to it. A budget will help you make sure that your retirement income is sufficient to cover your expenses.
Maximize your Thrift Savings Plan. Consider contributing to your Thrift Savings Plan to maximize your retirement savings.
Take advantage of discounts. Take advantage of discounts available to military retirees, such as discounts on hotels, rental cars, restaurants, and more.
Use a retirement calculator. Use a retirement calculator to calculate your retirement pay and get an accurate estimate of your monthly pension.
Use military retirement services. Consider using military retirement services to help you navigate the retirement process and maximize your benefits.
Consider a financial advisor. Consider using a financial advisor to help you create a retirement plan and make sound investment decisions.
Hire a VA-accredited attorney. Consider hiring a VA-accredited attorney to help you with any legal issues related to retirement.

Conclusion

Retirement from the military is an exciting time and can provide retirees with a variety of benefits, including financial security,

health benefits, and other benefits. However, it is important for retirees to understand the military retirement system and how to get the most out of their retirement benefits.

This guide provides an overview of the military retirement system and how to understand and navigate the system. It covers what military retirement is, the different types of military retirement plans, the benefits of military retirement, how to understand your military retired pay chart, how to calculate your military retirement pay with a retirement calculator, understand the High 3 retirement plan, other military retirement plans, military retirement services and tips for making the most of your retirement.

Call Port and Sava for a free 15 Minutes telephone consultation. Service members, veterans, and spouses get a discount. Port and Sava provide experienced advice on military divorces

The 3 Important Parts of NYPD Pensions and Divorce

Equitable Distribution

Gary Port

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January 21, 2023

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The 3 Important Parts of NYPD Pensions and Divorce

NYPD Pensions maybe the largest asset in a divorce. The NYPD offers members a wide range of pension benefits, and it’s important to protect these benefits during divorce proceedings. This guide provides an overview of police pensions in New York, an understanding of deferred compensation in a divorce, and tips on protecting your pension in a divorce.

Introduction to NYPD Pensions

The New York Police Department (NYPD) offers members a wide range of pension benefits, including a pension plan, a deferred compensation plan, the 457, and the Variable Supplemental Fund (VSF). These plans are designed to help members of the NYPD save for retirement and provide financial security for them and their families.

The NYPD pension plan is a defined benefit plan, which means that members will receive a predetermined amount of money upon retirement. This amount is based on a member’s length of service, salary, and other factors. The pension plan also provides disability benefits for members who become disabled while in service.

The deferred compensation plan is a 457-style plan in which members can contribute part of their salary each year. This money is invested and grows tax-deferred until it is withdrawn at retirement. The NYPD also offers a Variable Supplemental Fund (VSF) for regular, not disability retirement. The member will receive a flat $12,000 at the end of the year.

If part or all of these assets are acquired during the marriage, they may be subject to equitable distribution.

Deferred Compensation in a Divorce

When a police officer is getting divorced, their 457 plan may be subject to division in the property settlement. This means that a portion of the assets in these plans may be awarded to the non-member spouse. The amount awarded to the non-member spouse is based on the length of the marriage and the contributions that were made to the plans during the marriage.

It’s important to note that those assets are not subject to division if they were acquired before the marriage. However, any contributions that were made to the plans during the marriage are subject to division. Additionally, if a police officer transfers assets from one plan to another, those assets may also be subject to division.

Protecting Your NYPD Pension in a Divorce

Protecting your NYPD pension in a divorce is essential for securing your financial future. The best way to protect your pension is to be aware of the assets that are subject to division and to work with an experienced attorney who can help you negotiate a fair and equitable property settlement. Additionally, there are several steps you can take to protect your pension in a divorce.

SUB-SECTION 3.1. Overview of Variable Supplemental Fund (VSF)

Part of the NYPD Pension is the Variable Supplemental Fund (VSF) is given to members who have a non-disability retirement. When a police officer is getting divorced, the VSF can be subject to division in the property settlement.

The VSF will be divided similarly to how the Pension is divided. The court will take the number of months of marriage, and divide that by the number of months on the job. This is gives the marital percentage. Half of that will be the spouse’s share. For example, 20 years of marriage, and 20 years of overlapping service give us 1.00. Half of that is 50%. If there were 10 years of marriage and 20 years of service, the spouse will only get 25%.

SUB-SECTION 3.2. Overview of 457

Another part of the NYPD Pension is the 457 plan is a tax-deferred annuity plan that is offered by the NYPD. This plan allows members to invest in a variety of different investments, including stocks, bonds, and mutual funds. The 457 plan offers a range of tax advantages, including a tax deferral on contributions and earnings.

When a police officer is getting divorced, the 457 plan can be subject to division in the property settlement. To protect your 457 plan in a divorce, it’s important to consult with an experienced attorney who can help you negotiate a fair and equitable property settlement.

Additionally, it’s important to keep detailed records of all contributions to the 457 plan during the marriage, as these can be used to demonstrate that the funds are separate property. The starting point will be “how much money was in the account on the date of marriage.” The ending point will be “how much money was in the account on the day the divorce was filed.”

Legal Considerations for Protecting Your NYPD Pension in a Divorce

When it comes to protecting your pension in a divorce, it’s important to understand the legal considerations. In New York, the court has the authority to divide marital assets, including pension plans, in a divorce. This means that a portion of your pension may be awarded to your non-member spouse in the property settlement.

It’s important to consult with an experienced attorney who can help you understand the legal considerations for protecting your pension in a divorce. Your attorney can help you understand the law and negotiate a fair and equitable property settlement that protects your pension.

Financial Planning Tips for Protecting Your Pension in a Divorce

When it comes to protecting your pension in a divorce, it’s important to take a proactive approach to financial planning. Here are some tips for protecting your pension in a divorce:

Understand your pension plan: Before getting divorced, it’s important to understand the terms of your pension plan, including the contribution limits and the types of investments that are available. This will help you make informed decisions when negotiating a property settlement.
Keep detailed records: During the divorce process, it’s important to keep detailed records of all contributions to your pension plan during the marriage. This will help you demonstrate that the funds are separate property and should not be subject to division in the property settlement.
Negotiate a fair and equitable property settlement: When negotiating a property settlement, it’s important to work with an experienced attorney who can help you negotiate a fair and equitable settlement. Your attorney can help you understand the legal considerations and ensure that your pension is protected.

Resources for Protecting Your Pension in a Divorce

If you’re getting divorced and need help protecting your pension, there are several resources available. Here are some resources for protecting your pension in a divorce:

NYPD Pension Plan: The NYPD Pension Plan website offers information about the pension plan and how it works. This is a great resource if you’re looking for more information about the pension plan.
Port and Sava: Port and Sava is a law firm that specializes in divorce and family law. They offer a free 15-minute telephone consultation for police officers and their spouses, and they offer a discount for police officers and their spouses.
Financial Advisors: Working with a financial advisor can help you make informed decisions about your pension plan during the divorce process. A financial advisor can help you understand the terms of your pension plan, develop a plan for protecting your pension in a divorce, and negotiate a fair and equitable property settlement.

Conclusion

Divorce can be a complex and emotionally charged especially when one spouse is a member of the New York Police Department. It’s important to understand the pension benefits offered by the NYPD and to take steps to protect your pension in a divorce. This guide provided an overview of police pensions in New York, an understanding of deferred compensation in a divorce, and tips on protecting your pension in a divorce. If you’re getting divorced and need help protecting your pension, there are several resources available, including the NYPD Pension Plan website, Port and Sava, and financial advisors. Call Port and Sava for a free 15 Minutes telephone consultation. Police and spouses get a discount.

The 6 Important Factors in Understanding Child Custody in New York: A Guide to Understanding Your Rights

Child Custody

Gary Port

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January 21, 2023

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The 6 Important Factors in Understanding Child Custody in New York: A Guide to Understanding Your Rights

Navigating child custody laws can be overwhelming, especially when it comes to understanding your rights in New York. In this blog, we will discuss everything you need to know about child custody in New York, from the types of custody available to how the court determines custody and how to get custody in New York. We’ll also discuss how to understand your rights and the factors that may affect the court’s decision.

Introduction to Child Custody in New York

Child custody is the legal process of determining who is responsible for the care, custody, and control of a child. In New York, child custody is determined by the court, with the best interest of the child in mind. Custody is divided into two main categories: legal custody and physical custody. Legal custody refers to the parent’s right to make decisions about the child’s welfare, such as their education, health, and religious upbringing. Physical custody refers to the parent’s right to have physical possession and control of the child.

In New York, child custody is determined either through an agreement between the parents or through a court order. It is important to note that the court will always consider the best interests of the child when determining custody.

Types of Child Custody in New York

In New York, there are two main types of child custody: joint custody and sole custody. Joint custody means that both parents have equal rights and responsibilities to make decisions about the child’s welfare. This includes decisions about the child’s education, health, and religious upbringing. In joint custody, the child will typically live with one parent and have visitation with the other parent.

Sole custody means that one parent has the exclusive right to make decisions about the child’s welfare. This parent also has the exclusive right to physical possession and control of the child. In sole custody, the child will typically live with the parent who has sole custody and have visitation with the other parent.

How to Get Custody in New York

If the parents can’t agree on a custody arrangement, the court will make a determination. The court will consider the best interests of the child when making a decision. There are several factors that the court will consider when determining custody, including:

The child’s age, health, and emotional well-being
The physical and emotional needs of the child
The child’s relationship with each parent
The child’s preference (if the child is old enough to make an informed decision)
Each parent’s ability to provide for the child’s physical and emotional needs
Any history of domestic violence

If the parents can’t agree on a custody arrangement, they may have to go through a court-ordered mediation process. This is a process in which a neutral third party helps the parties work out an agreement. It is important to note that the court always has the final say in determining custody.

New York Child Custody Laws

New York has specific laws that govern child custody. These laws are designed to ensure that the best interests of the child are the primary consideration when determining custody. The court will consider a number of factors when making a decision, including the child’s age, health, and emotional well-being, the physical and emotional needs of the child, the child’s relationship with each parent, and any history of domestic violence.

In addition to these factors, New York courts may also consider the ability of each parent to provide for the child’s physical and emotional needs and the child’s preference (if the child is old enough to make an informed decision). It is important to note that the court always has the final say in determining custody.

Joint Custody in New York

Joint custody is a popular custody arrangement in New York. In joint custody, both parents have an equal right to make decisions about the child’s welfare, such as their education, health, and religious upbringing. In joint custody, the child will typically live with one parent and have visitation with the other parent.

It is important to note that joint custody does not necessarily mean that the child will spend exactly equal amounts of time with each parent. In some cases, one parent may have more physical custody than the other. It is also important to note that joint custody does not mean that both parents will have equal decision-making authority. The court will consider the best interests of the child when determining decision-making authority.

Sole Custody in New York

Sole custody is another type of custody arrangement that is available in New York. In sole custody, one parent has the exclusive right to make decisions about the child’s welfare. This parent also has the exclusive right to physical possession and control of the child. In sole custody, the child will typically live with the parent who has sole custody and have visitation with the other parent.

It is important to note that the court will always consider the best interests of the child when determining custody. In some cases, the court may award joint legal custody, which means that both parents have an equal right to make decisions about the child’s welfare, even if one parent has sole physical custody.

The Role of the Court in Determining Custody

In New York, the court has the final say in determining child custody. The court will consider a number of factors when making a decision, including the child’s age, health, and emotional well-being, the physical and emotional needs of the child, the child’s relationship with each parent, and any history of domestic violence.

The court may also consider the ability of each parent to provide for the child’s physical and emotional needs and the child’s preference (if the child is old enough to make an informed decision). It is important to note that the court always has the final say in determining custody.

Factors That May Affect the Court’s Decision

When determining child custody in New York, the court will consider a number of factors. These factors include the child’s age, health, and emotional well-being, the physical and emotional needs of the child, the child’s relationship with each parent, and any history of domestic violence. The court may also consider the ability of each parent to provide for the child’s physical and emotional needs and the child’s preference (if the child is old enough to make an informed decision).

In addition to these factors, the court may also consider the parents’ ability to cooperate and communicate with one another and the parents’ willingness to make decisions in the best interests of the child. The court may also consider any evidence of parental misconduct, such as abuse or neglect.

Understanding Your Rights

It is important to understand your rights when navigating child custody in New York. You have the right to have an attorney represent you in court, to make your own decisions about the child’s welfare, and to present evidence in court. You also have the right to be heard by the court, to challenge any evidence presented in court, and to have an opportunity to appeal the court’s decision.

It is important to note that the court will always consider the best interests of the child when determining custody. It is also important to remember that the court has the final say in determining custody.

Conclusion

Navigating child custody in New York can be overwhelming. It is important to understand your rights and to be aware of the factors that may affect the court’s decision. If you are going through a child custody dispute in New York, it is important to seek legal advice from an experienced family law attorney who can help you understand your rights and protect your interests.

If you are in need of legal advice, the team at Port and Sava is here to help. We have extensive experience in family law and can provide you with the legal guidance you need. Call us today at 516-352-2999 for a free 15-minute telephone consultation.

Grandparent’s Rights: 3 Important Facts About A Visitation and Custody

Gary Port

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January 4, 2023

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Grandparent’s Rights: 3 Important Facts About A Visitation and Custody

A Grandparent’s rights to visitation in New York are limited. A grandparent’s visitation and custody rights depend on whether one or both of the parents have died. There is no statutory right to visitation if both parents are alive. The issue of whether a grandparent has the right to visitation comes up when there is a conflict with the parents.

Unfortunately, grandparents may have complex relationships with their own children. This can result in the parents denying or blocking access to the grandchildren. New York does not recognize an absolute right of access or visitation by the grandparents. The court will not second guess or force a parent to allow the visitation. New York law recognizes the importance of the grandparent-grandchild relationship. This relationship can be deep, beautiful, and vitally important to the child. But, there are no absolute grandparent visitation rights.

A grandparent’s rights are triggered and could have a right to seek custody if “special circumstances” exist. Special circumstances are discussed at length below. A grandparent cannot seek custody merely because they think that they’d be better at rearing. The court really is addressing the health, safety, and welfare of the child.

Grandparent’s Rights to Visitation

In New York, a grandparent has a limited right to visitation with a grandchild. The grandparent can seek visitation if (1) the child lives in New York and (2) one or both parents have died. This is not an automatic right. The grandparent must apply to either the Supreme or Family Court as, again, this is not an automatic right. There is a recognition that a grandparent can be an important part of the child’s life and the child can get a benefit not found in any other relationship.

After the application to the court is made, the judge must make a two-step inquiry: first, the court must determine that one or both parents have died. Second, that the visitation is in the best interest of the child.

Grandparent’s Rights to Visitation When a Parent is Blocking Access

The reason that a grandparent is going to court is that the surviving parent or guardian is blocking access. When a grandparent’s rights clash with the parent’s rights, the court must decide the issue in the best interests of the child.

The courts are hesitant to enforce a grandparent’s rights of visitation against a parent’s wishes. Sometimes, the relationship between the grandparent and the surviving parent can be very hostile. Mere hostility is not enough to prevent or terminate the visitation, but the court can consider it. If the hostility is really bad, the court may deny the grandparent’s rights of visitation or if visitation was in effect, then terminate it. The courts do this if the hostility and dysfunction are harmful to the child.

If you are seeking visitation it is important to try to maintain a civil relationship with the parent, and never expose the child the negative feelings. Always work to be the better person, as the court will take that into consideration. The courts recognize the importance of the grandparent-grandchild relationship, but if the relationship with the surviving parent is very toxic, then visitation might not be awarded.

Enforcing A Grandparent’s rights

When a parent is blocking access and denying a grandparent’s rights of visitation, the grandparent can file in the Supreme or Family Court. But, if both parents are still alive, the court will probably dismiss the case. If one of the parents is dead, the grandparent has the right to prove their case. The case will come down to proving to the judge (there are no juries in these types of cases) that the grandchild will benefit from having the grandparent in their life.

A big piece of this will be showing the court that there already is a relationship. For example, assume that the mother and child lived with her mother. Now, the grandparent can show since they lived with the child and that there is a strong relationship. Compare that with a grandparent who lives in another state and rarely sees the child.

The grandparent will also have to show the strength and quality of the relationship, and that the child has benefited and will continue to benefit from it.

This is why maintaining a civil relationship with the parent is important. Notice, I didn’t say friendly, I said: “civil.” We recognize that when a grandparent fights for visitation that things can get contentious. The child should not see the fighting or the bad feelings. Furthermore, no one should be talking to the child about the litigation. Judges hate, absolutely hate with people in a case talk to the child about it. I have a couple of grandparent visitation cases where the grandmother is telling the child about the case and trying to coach them on what to say to their lawyer. Neither of my judges is happy about that.

When a Grandparent can get custody of a grandchild

A grandparent does not have the same rights to custody as the parents. In New York, no person has greater or even equal rights than the parents. Even if the child is removed by the court for neglect, the goal is to ultimately reunify the family.

Yet, a grandparent can get custody of the grandchild if they can prove “special circumstances.” Special circumstances are narrowly defined by law. First, the child must have lived with the grandparent and solely the grandparent for an extended period of time. Generally, if the child has been living with the grandparent for about 18 months, the court will find special circumstances. Again, this means the child is living with the grandparent and is the sole caretaker. Special circumstances do not exist if the child is living with a parent who is living with a grandparent.

The parent cannot be living with the grandparent and the grandchild. When that happens, the court will not find special circumstances. The court is looking to see if the grandparent is the primary caregiver, and the parent is not. When the parent deposits the child with the grandparent that is called “disruption.” When disruption occurs the court can find special circumstances.

However, if one parent deposited the child with a grandparent over the objection of the other parent, the courts might not find special circumstances.

Child Neglect by the Parent

Next, the court has to consider the best interests of the child. Merely because the child has lived with the grandparent, does not mean that the grandparent will automatically get custody. If the parent is unable to care for the child due to mental illness or drug abuse the court could determine that the grandparent should get custody. If Child Protective Services (or Agency for Child Services, ACS in New York City) has filed a neglect petition against the parent, the court may also have grounds to award custody.

Breaking this down. One of the most common ways that a grandparent gets custody is due to parental neglect. The term “parental neglect” is a legal one, and can only be determined by a judge. A child welfare agency, ACS in New York City, and CPS elsewhere, will bring a petition for neglect. If the claim of neglect is so serious that the child in is imminent danger the agency will seek immediate removal. The grandparent can step up as the temporary foster parent. If the agency proves its case the judge can order permanent removal. The grandparent can there petition for custody or continued foster parent status.

If the agency does not file a neglect petition, the grandparent may still seek custody. But, they must establish special circumstances and show that the environment with the parent is unstable and unhealthy.

These cases are not easy for the grandparent and definitely not ground balls. I have seen the agency support a drug-using father over the grandmother who raised the child from birth.

Grandparent custody can also be obtained if the parents consent to it. In such a case, the court will approve the arrangement and issue an order. This is the most preferable way to get custody as it is the easiest.

Conclusion

Since a grandparent’s rights of visitation and custody are limited in New York, it is important to consult with an attorney to know your rights. You can call Port and Sava at (516) 352-2999 for a free 15-minute telephone consultation.

The #1 Critical Impact of Divorce on a Green Card Application

Procedure

Tina Genovese

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January 1, 2023

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The #1 Critical Impact of Divorce on a Green Card Application

The “Standard” Divorce

Let’s look at a “standard” spousal residency petition where the immigrant spouse entered the U.S. with a visa, never left, and has no legal bars to becoming a resident in the U.S.

Here, the parties have a legitimate marriage, meaning it was not a “green card marriage.” If you divorce before you are granted a conditional green card, then you are no longer eligible for permanent residency. This is because the basis of the petition was marriage to a U.S. citizen which no longer exists.

Now let’s say before divorcing you received a positive decision and were granted lawful permanent residency. Residency based upon marriage to your U.S. spouse is conditional for a period of two years. That means that 2 years after receiving residency you must apply to remove those conditions. You may still be eligible to retain your lawful permanent residency even if divorced during this period. You will need to prove that the marriage was entered into in good faith. A well-prepared application can make all the difference in this situation. So, talk to an immigration lawyer.

Divorce After Permanent Status

Divorce after the request to remove the conditions has been approved will not impact your status. But, you can’t apply for citizenship for five years. A person who is still married can apply in only three years.

Domestic Violence

There is protection under immigration laws for undocumented persons who are victims of abuse. A person abused by a spouse may be eligible for immigration relief under the Violence Against Women Act, or VAWA as it’s commonly known.

You may be able to independently petition for yourself without the abuser’s knowledge, consent, or participation in the process. The U.S. government does not tolerate the misuse of the immigration process to abuse non-citizens. If your spouse is threatening to withhold or withdraw an immigration petition in an attempt to control, coerce or intimidate you could be eligible.

To be eligible for VAWA, an applicant must:

Be the spouse, parent, or child of a U.S. citizen lawful permanent resident abuser (You may even qualify if your spouse has died, you are divorced, your spouse lost his/her residency status or your marriage was not legal but you believed it to be.);
You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative;
You are or have resided with your abusive U.S. citizen or lawful permanent resident relative; and
You are a person of good moral character.

So even if your divorce terminated your immigrant petition, you may be able to continue the process if you were a victim of abuse. And, as always, victims of domestic violence can also seek out assistance by calling the National Domestic Violence Hotline at 800-799-SAFE (7233) or 800-787-3224 (TTY). The hotline provides immediate assistance such as local resources, shelters, medical services, and more.

The #1 Critical Importance of Credit Repair in Divorce.

Equitable Distribution

Gary Port

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December 4, 2022

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The #1 Critical Importance of Credit Repair in Divorce.

Credit Repair and Divorce

Credit repair, and removing debt from a credit report can be important in a divorce. In this video Margreit McInnis from Equity First Consultants, 631-714-4822 discusses credit repair. It is very important to go through a credit report line by line to determine what the charges are, the age of the charges, and whether they are valid or not.

Also, one of the first steps in credit report is to determine if the charges are legally on the report. Items that have been paid off, but are still showing on the credit report will need to be fixed. Then the next step will be to establish a positive credit history. The important takeaway is that credit repair can be vitally important to settling a divorce.

Here’s the transcript of our conversation:

Introduction

Gary Port

Hi, Gary Port with Port and Sava and N Y Divorce Facts, and I’m here with Margreit McGinnis from

Margreit McGinnis

Equity First Consultants.

Gary Port

We’re gonna be talking about both divorce and the wonderful world of debt credit repair. Now, divorce, unfortunately, is not only about downsizing. But it’s about dividing things and some of the things you have to divide are gonna be debt.

And sometimes you need to get rid of debt in order to get other things in the marriage. So, for example, some people wanna buy out their spouse in the house, but they may have some problems with their credit. So from time to time, I have to deal with credit, repair companies who will help us get our clients to where they need to be.

And I thought it’d be a great idea to have Marguerite come in here to discuss what she and her company can do to help you guys get on with the rest of your life. So let’s talk a bit about debt credit repair.

Margreit McGinnis

Okay, what we do we call credit and financial solutions. What that means is, credit and things around credit could be establishing, re-establishing, and removing negative items. Basically, credit repair.

And financial could be helping clients kind of get to the next step of getting to the equity of their house rich cash poor, buying. One spouse or the other buys each other out, or even everybody sells the property and then everybody downsizes or splits out.

Gary Port

Yep, credit repair. As I said, a big issue in some divorces.

Credit Repair – The Basics

Margreit McGinnis

Yeah.

How do we repair credit if someone’s credit is messed up and we are now in a position where one spouse wants to buy at the house but can’t do it.

Right, right, right. Okay. So the first thing that we do is, aggressively go line by line through our client’s credit report and then we identify where, you know, what’s dragging the score down. So if we have a lot of debt or debt that needs to be settled out, um, sometimes we have to put that to the side first and look at negative reporting.

So the negative reporting, late payments, derogatory status, old collections, even those that were paid off. Still, be reported as negative on a credit.

Credit Repair – The Negative Charges

Gary Port

Okay, so we’ve got these, these negative charges. How do we remove the negative charges?

Margreit McGinnis

Well, the first thing we look at is we go through a verification process.

We always work directly with the creditor and so by doing that, we verify the dates of the last activity. We validate that it’s even correctly in the client’s name. It’s adhering to all consumer laws. That’s the first thing that we do. The next step is working with the creditor. If it’s an old collection, um, you know, couple years, three years, four years, it might be paid off, but it’s still showing up as a derogatory item on credit.

We would work with the creditor to get them to remove it. And delete it from credit. So it’s, it’s late payments, it’s account status. And then when we, sometimes there’s negative reporting that gets verified, which means it’s within the statute of limitations. It’s not violating any consumer reporting laws.

So then we have to look at other things like establishing new credit. Trying to build up the good side of credit, because some of those negative items we were not able to remove. So with credit repair it really depends and it’s a very case-by-case situation.

Credit Repair and Bad Credit History

Gary Port

Okay. So when we take a look at this bad credit history and it’s impact on credit repair. The goal then is to basically parse out the derogatory stuff, the stuff that’s old, the stuff that maybe negotiations can occur seems to pull it all off. Mm-hmm. . So. Alright, so let’s, let’s, well take a sort of a typical Situation. Uh, one spouse wants to buy out the other on the house. Now, I love buyouts because we don’t have brokers fees involved, we don’t have closing costs, and there are no capital gains taxes.

It’s a, it’s a win for the, uh, for the party who’s walking away. But the party who’s taken the house, they’ve gotta get the mortgage to buy out the other person.

Margreit McGinnis

Right.

Gary Port

And they gotta get the right interest rate.

Margreit McGinnis

Correct.

So now we’ve got someone, lets say they make about 70, $80,000 a year. They may be getting about another 20,000 in child support payments.

They’ve got some because of the divorce. Both parties were at fault here and we’ll say that they both screwed up their credits.

Okay.

Credit Repair and Pulling up The Credit Score

Gary Port

Sot their credit scores are dropped maybe to about 500, maybe 600.

Credit Repair should pull this up? How do we do that so this spouse can buy out the other spouse?

Margreit McGinnis

Well, again, for credit repair we would, we would first identify some of the derogatory payment history. Anything that we can remove because of some of the outstanding debt. The person, either party, may not have the cash on hand mm-hmm. to settle out that debt. So the first step in credit repair is going for the derogatory, the bad payment history, um, talking to clients about budgeting, staying within that 30 day grace period window.

Because they’re not allowed to report you late unless you’re 30 days or more past the due date. So sometimes they can, they’ll charge you a late fee if you’re 10 days late, 15 days late, but they can’t report you late to the credit bureaus until you’re 30 days.

Gary Port

Okay.

Changing Behavior in Credit Repair

Margreit McGinnis

So some of its behavior. So we retarget that.

We would, I mean with a 500 score, you’re not going to qualify for a home equity line of credit. You’re not gonna qualify for, you know, refinancing or, or buying the other person out. Sometimes we have to go in steps. So for instance, if both parties are able to cooperate with each other and let’s work on both their scores to get them up, at least to the point that they could borrow equity, then settle debt, then buy the other apps.

And that’s sometimes it’s multi-step.

Tying Together Credit Repair and Divorce

Gary Port

Okay. And that’s where I come in with the divorce lawyer. Mm-hmm. Cuz I will put in the agreement saying you. Five months, eight months, 10 months, two years to buy out the other party.

Margreit McGinnis

Correct.

Gary Port

And during that period of time that we’ve set forth in the agreement, you are working to get them to where they need to be.

Margreit McGinnis

Exactly.

Gary Port

So when the date. that spouse can do the buyout.

Margreit McGinnis

Yeah. And it, and it is best for everybody. If both of the parties are having credit issues, we really should be working on both at the same time. Because even the person who’s getting the money and buying out and walking away, they’re gonna have to rent or buy something else.

So if their credit is in question and need ofcredit repair it’s important for that person too, because most likely there are children involved. Children will have to go from one house to the other, whatever. Everybody needs proper space for kids. So, um, so it’s really important to work on both, both parties.

Gary Port

So it, it, it’s very clear then in, in a divorce, one of the things that we have to worry about in addition to who gets the house, who gets the kids, is we also have to plan and, and basically in a mature, calm fashion.

Margreit McGinnis

Yes.

Gary Port

Both parties should work together to try to get the re the credit issues repaired cuz it’s in both of their interests.

Margreit McGinnis

Correct. And having been through a divorce myself, I know that it is really a significant deconstruction of life. Not certainly where everybody’s set out to be when they get married. And it can be really, really difficult to get to that middle ground. When there’s so much resentment and anger and hurt and emotions involved, but we have to try, try, try, try to grab our grownup, um, ribbons off the wall and wear them and say like, in order for us both to reach, Health, healthy finances, healthy security, healthy emotions, we’ve got to cooperate and get through.

Making sure the credit’s in good space and that’s best for the kids, you know? And when it’s best for the kids, it’s best for everyone involved. So it’s definitely hard to grab that grownup ribbon sometimes, but you gotta do it.

Gary

And it seems clear that now. when you’re in the midst of the divorce, this is one of the things that you have to be planning on during the divorce process itself.

Not wait till the divorce is over and figure out, okay, now we’re at the end. We’ve got the judgment divorce. What do I do next? This has gotta be part of that actual divorce planning.

Margreit McGinnis

I would highly recommend that it be part of it. Uh, absolutely highly recommend and, it is to be financially healthy.

Emotional health, right? If we are feeling insecure, insecure about our cash flow, about our ability to own a home, to provide for our children, that just interferes with just about everything to do with the other areas of life. So it is super important and I, I firmly believe it needs to be part of the original agreement, um, and bringing everybody to onto the same page.

Gary Port

And considering that she lived that, I think I’m gonna end with that.

Margreit McGinnis

Yes.

Gary Port

So thank you very much, Marguerite and Gary Port, from Port and Sava, we try to help you get on with the rest of your life, and this is part of the process. And Marguerite from

Margreit McGinnis

Marguerite McGinnis from Equity First Consultants always here to help you. Equity first consultants.com is our website, so you can reach out to, uh, to myself, um, and um, and with any questions that you have.

Gary

Okay, great. Thanks so much, Marguerite.

Margreit McGinnis

Thanks, Gary.

The 2 Major Reasons to Consider a Separation Agreement in New York

Gary Port

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November 6, 2022

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The 2 Major Reasons to Consider a Separation Agreement in New York

What is a Separation Agreement?

In New York, a separation agreement or marital separation agreement, can and has been used as an alternative to divorce. This is because before 2010 and the advent of No-Fault Divorce, New York had the most restrictive divorce laws in New York.

A person actually had to prove marital fault at trial before a judge. And if trying to prove adultery, there was a jury trial. This made getting a divorce a very complicated and expensive procedure. The shortcut was to get a separation agreement and live under it for one year or more.

The separation agreement is a contract. That means is it a legally binding document drawn up between a married couple, in which both parties agree to live separately and apart.

The document is a very special contract that must contain legally required terms and clauses. It must also be notarized in a very special manner. A note handwritten on the kitchen table will NOT be enforceable and it is legally worthless.

Agreements by email or verbal are also worthless. Under the agreement has been reduced to a specific form and notarized in a very specific fashion, it will not be enforceable.

Additionally, the agreement is something that both people in the marriage use to formally divide their assets, debts, and other marital responsibilities so that each party experiences a fair separation from the other.

The agreement may address children’s issues, such as custody, visitation, and child support. While the court cannot alter any term or condition relating to property division, any provision relating to the children can always be revisited by the court for good cause.

Separation agreements in New York do not expire, people can live under them for years. A separation agreement is a contract. As long as it is properly drafted and notarized, it is valid no matter how many years have passed. But, it can be converted into a divorce after one year.

An often-asked question is “does a separation agreement have to be filed in court?” No, a separation agreement does not have to be filed in court to be valid or enforceable. However, it is a good idea to file it, in case it gets lost or is accidentally destroyed.

Before 2010, the Separation was the Path to Divorce

In 2010, New York became a No-Fault Divorce State.

Since 2010, New York has implemented No-fault divorce. This has largely eliminated the need for a separation agreement. Before No-Fault Divorce, a separation agreement was the easiest path to divorce.

Under the old law to get a divorce you had to prove abandonment, adultery, cruel and inhuman treatment, incarceration, insanity (as diagnosed by a medical professional) or living under a separation agreement for one year or more.

Prior to 2010 the easiest path to divorce was to get the agreement.

Post 2010 – The No-Fault Divorce

When the law changed in 2010 allowing No-Fault divorce it became the easiest method of getting a divorce. Now, the issue is not should the parties be divorced and instead focuses on children issues and the division of property.

With no-fault divorce as an option we don’t need the agreement and they have fallen out of use. In other words, in most cases, the agreement to start the divorce really doesn’t serve any purpose.

Two Reasons to Use the Agreement Instead of Divorce

However, there are still instances where the agreement may be useful. Nowadays in New York, is not used as a step towards divorce, but rather when the parties want to separate but not get a divorce.

There are two very good reasons to get a separation and not a divorce. The first is on religious grounds –some people will not get a divorce because it is against their religion. For them, a Separation Agreement is the right move. Depending on the religion, religious divorces could be easy or difficult to obtain.

Under New York Law, parties to a divorce have to agree to take all steps in their power to remove religious barriers to the other’s remarriage. However, just because the parties agree to remove the barriers, doesn’t mean that their religion will allow them.

The other reason involves health insurance. Under federal law, once people are divorced they can no longer be on each other’s health insurance. In other words, once you are legally divorced, you can no longer be covered by your spouse’s health insurance. However, it is sometimes important that health insurance coverage is maintained after a divorce.

For example, consider a situation where the spouse has health/medical issues and receives coverage from their partner’s plan. It may be prudent that if possible, the spouse continues receiving coverage from their partner’s plan.

This is where a Separation Agreement comes into play. Under a Separation Agreement, the health insurance coverage can be continued, as long as the parties do not divorce in the future.

Pitfalls

There are pitfalls if you want to be separated but not divorced. While under the present law, a separation agreement is no longer the easiest path to divorce, but it is still a path. Even if you get an agreement because you don’t want to be divorced under New York law the agreement can be converted into a divorce after one year.

If one party’s intent is to live under the separation agreement for a number of years, then the agreement has to be drafted in such a way as to discourage the other spouse from converting it into a divorce. The agreement cannot on its face prevent the other party from converting it to a divorce. More subtle means have to be used.

Conclusion

Call Port and Sava at (516) 352-2999 to discuss your options to see whether a separation or divorce is the right choice for you. At Port and Sava, we help you get on with the rest of your life.

The 6 Critical Factors to Getting Pet Custody in a Divorce

Equitable Distribution

Gary Port

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November 6, 2022

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The 6 Critical Factors to Getting Pet Custody in a Divorce

Introduction To Pet Custody in A Divorce

In a divorce, one important question arises: who gets custody of the family pet? For pet owners going through a divorce in New York, specific laws have been established to address this issue. In this blog post, we will explore the legal framework surrounding pet custody in a divorce and shed light on how New York courts determine the best interests of the pet.

The Evolution of Pet Custody Laws in New York.

Until 2021, New York judges lacked clear guidelines to determine pet custody. However, in 2021, a significant breakthrough occurred as New York passed a law specifically addressing the allocation of pet custody in divorce cases. Prior to this, pets were treated as mere property, similar to cars or televisions.

Defining “Pet” and Scope of Applicability.

According to the law, a pet refers to any “domesticated animal normally maintained in or near the household,” excluding farm animals. This definition encompasses dogs, cats, birds, ferrets, rabbits, and other similar animals commonly kept as pets.

Factors Considered in Pet Custody Determination.

Under the new law, courts now assess the parties’ ability to provide proper care for the pet. Judges consider a range of factors, such as:

Involvement: Which party demonstrates a stronger connection and involvement with the pet?
Caretaker: Who is primarily responsible for the day-to-day care of the pet?
Veterinary Care: Who ensures regular visits to the veterinarian?
Home Environment: Whose living situation is better suited to accommodate the pet’s needs?
Care and Affection: Which party exhibits more care and affection towards the pet?
Caretaking Abilities: Who possesses the necessary skills and capabilities to care for the pet effectively?

Another crucial factor to consider is whether one party has left the shared residence. If a party has moved out, they may face accusations of abandoning the pet.

It is important to note that these factors are not a rigid checklist, but rather considerations that the judge will utilize to form an accurate understanding of the situation.

The Power of the Your Relationship to Your Pet

When advocating for custody of your pet, a strategic starting point is essential. Begin by describing how the pet became a part of your life and who was present during that moment. The way you present this story and the details you provide can have a significant impact on the court’s decision. An illustrative example involves a recent case in which the judge was swayed by the wife’s emotional and detailed account, while the husband simply stated that they were both present and he had paid for the pet. The wife’s recollection, on the other hand, emphasized the bond between her and the pet, explaining how they were chosen and the unexpected addition of a second pet.

Emotional Connections and Their Significance

Courts also take into consideration the emotional connections between the parties and the pet. In a notable case, presiding Judge Joanne D. Quiñones deemed this emotional bond to be highly relevant. In her decision, she recognized the dogs as more than possessions or belongings. The judge acknowledged the dogs’ importance as “family” and “emotional support” and stressed that their removal from one party would be devastating. Although legally they may not be sentient beings, their ability to feel emotions and provide unconditional love should be acknowledged. The judge highlighted the need for consistency in the dogs’ lives, drawing a parallel between their care and that of children.

Judicial Decisions and Best Interests of the Pet.

After carefully assessing the aforementioned factors and considering the sincerity and character of the parties involved, Judge Quiñones made her decision. Based on the determination of which party is primarily responsible for the pet’s daily needs, health, and veterinary care, as well as evaluating the regularity and quality of the pet’s interactions with each party, the judge concluded that it was in the pet’s best interest to remain solely in the care of the wife.

Emphasizing the Parallel between Pet Custody and Child Custody

The new law underscores a significant shift in New York’s approach to pet custody. Divorce courts now treat pet custody similarly to child custody cases. The judge examines the complete picture to ascertain who will be the better caregiver and provide the most suitable home environment for the pet.

Pet Visitation: Ensuring Continued Bonds and Well-Being

In addition to determining pet custody, New York courts also recognize the importance of maintaining the bond between the noncustodial party and the pet. Pet visitation arrangements play a vital role in ensuring the pet’s well-being and the preservation of the noncustodial party’s relationship with their beloved companion.

Establishing a Visitation Schedule

To establish a visitation schedule, both parties should be open to negotiation and compromise. The court encourages cooperative discussions to create a visitation arrangement that works best for everyone involved, including the pet. Factors to consider when determining visitation include the availability of both parties, the pet’s needs and temperament, and any specific requirements or preferences.

Creating a Structured and Consistent Visitation Plan

A structured and consistent visitation plan benefits both the pet and the parties involved. Regular visitation allows the pet to maintain a sense of routine and stability, reducing the potential stress associated with separation. It is advisable to establish a visitation schedule that outlines specific dates, times, and durations of visits to provide clarity and minimize potential conflicts.

Facilitating a Smooth Transition

Transitioning the pet between households during visitation requires careful attention to ensure a smooth and stress-free experience. Both parties should collaborate to create a seamless transition plan that includes considerations such as familiar objects, bedding, and favorite toys to help the pet feel comfortable in each environment. Open communication and cooperation between the parties can significantly contribute to a positive visitation experience for everyone involved.

Maintaining Communication and Updates

Open lines of communication between the custodial and noncustodial parties are essential for the pet’s well-being. Sharing information about the pet’s health, behavior, and any significant changes can help both parties stay informed and address any concerns promptly. This ongoing communication demonstrates a commitment to the pet’s best interests and facilitates a cooperative approach to pet visitation.

Mediation and Legal Support

In some cases, disputes or disagreements may arise regarding pet visitation. In such situations, mediation can be a valuable resource to facilitate productive discussions and find mutually agreeable solutions. Seeking legal support from an experienced family law attorney who specializes in pet custody matters can also provide guidance and ensure that your rights as a pet owner are protected throughout the visitation process.

The Well-Being of Your Pet

Above All While pet visitation can be emotionally challenging, always prioritize the well-being of your pet. Remain mindful of their individual needs and adjust the visitation arrangement as necessary. By maintaining a focus on your pet’s happiness and emotional stability, you can nurture a positive relationship between all parties involved and ensure a harmonious visitation experience.

Pet visitation is a crucial aspect of pet custody in a divorce. By establishing a fair and structured visitation plan, facilitating smooth transitions, maintaining open communication, and seeking legal support when needed, you can prioritize the continued well-being and happiness of your beloved pet. Remember, pet visitation allows for the preservation of bonds and contributes to the overall stability and happiness of your furry or feathered family member.

Conclusion

When navigating pet custody in a divorce, it is crucial to understand the legal framework and the factors considered by New York courts. By presenting a compelling account, emphasizing emotional connections, and demonstrating your ability to provide excellent care for your pet, you can increase your chances of a favorable custody outcome. Remember, the court’s primary focus is always the best interests of your beloved companion.

Call Port and Sava (516) 352-2999 for a Free 15 Minute Consultation

Domestic Violence is Now A Factor in Divorce

Gary Port

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May 9, 2021

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Domestic Violence is Now A Factor in Divorce

INTRODUCTION TO DOMESTIC VIOLENCE AND EQUITABLE DISTRIBUTION

As a lawyer specializing in family law, I am often asked about the impact of domestic violence on equitable distribution in divorce cases. The issue of whether a victim of domestic violence can retain the marital home or other assets is a complex one, and recent changes in the law have brought about some significant shifts in how the courts approach this matter. In this article, we will delve into the evolving landscape of domestic violence and equitable distribution, providing insights into how these issues are being addressed in New York courts.

If you are in immediate danger, call 911. Also, you can contact the National Domestic Violence Hotline.

What is Domestic Violence?

Domestic violence is a deeply troubling issue that I, as a family law attorney, encounter frequently. It encompasses a range of abusive behaviors employed by one partner to establish dominance and control over the other within an intimate relationship. These behaviors can manifest in various forms, including physical, sexual, emotional, economic, psychological, or technological abuse. Such actions may involve threats, manipulation, humiliation, isolation, fear, coercion, blame, injury, or any behavior that inflicts harm or suffering on the victim. It is essential to recognize and address the severity and impact of domestic violence in order to protect the rights and well-being of those affected.

Domestic Violence can sometimes be difficult to define or prove. Merely being mean is not sufficient. Even verbal arguments may not be sufficient. Couples do have verbal arguments. Couples can also mutually argue. Domestic abuse has to be more. What that is will depend on each individual situation.

Men Can Also Be Victims of Domestic Abuse

It is crucial to acknowledge that domestic abuse is not limited to one gender. Men can also become victims of domestic violence, and it is essential to provide support and resources for male survivors. While societal norms and stereotypes often portray men as strong and invulnerable, the reality is that they can suffer from physical, emotional, and psychological abuse within their intimate relationships. By recognizing and raising awareness about the experiences of male victims, we can help break down barriers and ensure that all survivors receive the necessary assistance and protection, regardless of their gender.

In my 36-plus years of practice, I have seen many instances of men being the victims of domestic violence. While not as commonly reported as by women, it does occur and will not always be immediately discounted.

Understanding the Historical Context

When the Equitable Distribution law was initially enacted, marriage was primarily viewed as an economic partnership. At that time, the consideration of marital fault, including violence, was generally disregarded when it came to property division. Consequently, victims of violence often found themselves in a challenging position, unable to secure ownership of the marital home despite suffering physical or emotional abuse.

Changes in the Law: A Shifting Perspective

Thankfully, the law has progressed to recognize the significance of martial violence within the context of divorce. While in the past, courts would only consider it if it reached an extreme level, the legal landscape has changed. The amended law empowers divorce judges to take into account acts of domestic violence that have resulted in actual physical or emotional injury, or those that have created a substantial risk of harm to the victim or their child.

The Lack of Precedent: Navigating Uncharted Territory

As this is a relatively new legal development, there is a lack of established precedents to guide New York courts in their interpretation and application of the law. Consequently, there are differing perspectives on how broadly the term “act” should be interpreted. Some argue that any act of domestic violence, regardless of severity, should be considered, while others believe that only severe acts should be taken into account. At present, the courts have yet to provide clear guidelines on this matter. As the case law develops, I will update this article.

The Impact on Property Division: Assessing Severity

Another crucial aspect to consider is the effect of domestic violence on the equitable distribution of assets. Can a judge award the entire house or a substantial portion of a retirement account to the victimized spouse? The answer to this question depends on the specific circumstances and the severity of the domestic violence involved. It is unlikely that mere verbal altercations, such as yelling or cursing, would significantly influence the distribution of assets. However, when physical violence is present, it is more probable that the court will take such acts into serious consideration.

Seeking Answers: The Importance of Legal Counsel

Given the relatively recent nature of this statute, many questions remain unanswered. If you find yourself in the unfortunate position of being a victim of domestic violence, it is crucial to consult with an experienced family law attorney to determine the best course of action. Your lawyer will help you understand how the law applies to your specific situation, guide you through the legal process, and advocate for your rights and well-being.

Protecting Your Rights and Pursuing a Fair Outcome

While the impact of domestic violence on equitable distribution is an evolving area of family law, the ultimate goal is to ensure that victims of domestic violence are not further victimized during divorce proceedings. It is essential to gather evidence of domestic violence, including any medical records, police reports, or witness testimonies, to support your case. Additionally, documenting incidents, seeking medical attention, and engaging in counseling or therapy can further strengthen your position.

Understanding the Potential Outcomes

In cases involving domestic violence, the court has several options for addressing equitable distribution. While it is unlikely that the victimized spouse will be awarded the entire marital home or all of the assets, the court may consider compensating the victimized spouse through a larger share of the remaining assets or a greater spousal support award. Ultimately, the court’s decision will depend on the specific facts of the case and the severity of the domestic violence.

Conclusion: Prioritizing Your Safety and Rights

As we navigate this new legal landscape, it is crucial to prioritize the safety and well-being of victims of domestic violence. The law now recognizes the impact of such abuse on equitable distribution in divorce cases, providing hope for those who have endured such hardships. However, the interpretation and application of the law are still evolving, and seeking professional legal guidance is essential to protect your rights and pursue a fair outcome. If you find yourself in a situation where domestic violence has affected your marriage, call Port and Sava (516) 352-2999 for a free 15-minute consulation.

Table of Contents

Introduction to New York Child Support

Introduction

Overview of New York State Child Support Laws

What is Child Support?

How is it Calculated Under the New York Child Support Laws?

Factors Considered in Determining New York Child Support

How is Income Calculation?

Allowable Deductions

The Income Cap

Childcare Expense

Voluntary Reduction of Income

How to File for Support in New York

The Role of the Support Court

How to Modify a Support Order

How to Collect Unpaid Child Support

Additional Resources

Conclusion

Table of Contents

What is Military Retired Pay?

Types of Military Retirement Plans

The Benefits of Military Retirement

Understanding Your Military Retirement Pay Chart

Calculating Your Military Retirement Pay with a Retirement Calculator

Understanding the High 3 Retirement Plan

Other Military Retirement Plans

Military Retirement Services

Tips for Making the Most of Your Military Retirement

Conclusion

Table of Contents

Introduction to NYPD Pensions

Deferred Compensation in a Divorce

Protecting Your NYPD Pension in a Divorce

SUB-SECTION 3.1. Overview of Variable Supplemental Fund (VSF)

SUB-SECTION 3.2. Overview of 457

Legal Considerations for Protecting Your NYPD Pension in a Divorce

Financial Planning Tips for Protecting Your Pension in a Divorce

Resources for Protecting Your Pension in a Divorce

Conclusion

Table of Contents

Introduction to Child Custody in New York

Types of Child Custody in New York

How to Get Custody in New York

New York Child Custody Laws

Joint Custody in New York

Sole Custody in New York

The Role of the Court in Determining Custody

Factors That May Affect the Court’s Decision

Understanding Your Rights

Conclusion

Table of Contents

Grandparent’s Rights to Visitation

Grandparent’s Rights to Visitation When a Parent is Blocking Access

Enforcing A Grandparent’s rights

When a Grandparent can get custody of a grandchild

Child Neglect by the Parent

Grandparent’s Rights to Custody on Consent of the Parent

Conclusion

Table of Contents

The “Standard” Divorce

Divorce After Permanent Status

Table of Contents

Credit Repair and Divorce

Introduction

Credit Repair – The Basics

Credit Repair – The Negative Charges

Credit Repair and Bad Credit History

Credit Repair and Pulling up The Credit Score

Changing Behavior in Credit Repair

Tying Together Credit Repair and Divorce

Table of Contents

What is a Separation Agreement?

Before 2010, the Separation was the Path to Divorce

Post 2010 – The No-Fault Divorce

Two Reasons to Use the Agreement Instead of Divorce

Pitfalls

Conclusion

Table of Contents

Introduction To Pet Custody in A Divorce

The Evolution of Pet Custody Laws in New York.