Child Support and High Income Non-Custodial Parent
I have previously written about various child support issues, here, here, here and here. While the number of issues is substantial, one situation that comes up periodically, is the one where the...
View ArticleConstructive Emancipation, Burden of Proof and Contact With the Child By...
I often see cases involving constructive emancipation which typically arise when the child refuses to have contact with the non-custodial parent. If the contact cannot be reestablished after a period...
View ArticleChild Support, Emancipation and Child’s Economic Independence
One of the most common questions I hear as a part of my family law practice is a question of when a child become emancipated for child support purposes. My usual response is that emancipation of...
View ArticleChild Support and Public Assistance
While I have repeatedly written about various issues involving New York’s Child Support Standards Act, here, here, here, and here, one issue that was not previously discussed and bears mentioning, is...
View ArticleLimitations on Child Support Arrears and Child Support Standards Act
One question that I am often asked with respect to child support arrears is whether there is a limit on the amount of child support arrears that can be accrued. My usual response is that there is only...
View ArticleVarying From Statutory Child Support Percentages
I have previously written about the court’s ability to consider not only the income one or both parties actually reported but the income as should have been reported. What is not commonly known is...
View ArticleUpcoming Changes to New York’s Child Support Law and Social Services Law
When New York’s Legislature finally passed the no-fault divorce law and made changes to temporary maintenance and attorneys fees awards, it also passed a number of less publicized changes to the Child...
View ArticleMajor Changes in New York’s Family Law Are Now In Effect
Today is the day when New York’s family law begins a new era. The no-fault divorce law is now in effect and grounds for divorce will no longer preclude someone from obtaining a divorce. In addition...
View ArticleDownward Modification of Child Support, Scope of Job Search and Custody Issues
I have previously written about downward modification of child support in a situation where the payor has lost his job or experienced a significant reduction in his income. Recently, I was personally...
View ArticleParent’s Obligation to Pay for College Is Not Limited To Cost of SUNY...
In Pamela T. v. Marc B., 2011 N.Y. Slip. Op. 21355 (N.Y.Sup.2011), the court had to decide whether the parent’s obligation to pay for college should be limited to the so-called “SUNY cap”. The Supreme...
View ArticleShared Custody and Child Support – Number of Overnights Controls
I have previously written about the case of Baraby v. Baraby, 250 A.D.2d 201, 681 N.Y.S.2d 826 (3d Dept, 1998), where the Appellate Division held that in an equally shared custody case the parent who...
View ArticleUpdates to New York’s Child Support Standards Chart
According to the Child Support Standards Chart, prepared by New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement, and released March 12, 2014, the 2014...
View ArticleConstructive Emancipation and the Child’s Conduct
I have previously written about constructive emancipation issue and also addresses some of the applicable law in another post. Generally, a child can become emancipated through his actions when the...
View ArticleAllocation of Child Care Costs in Child Support Cases
Under New York law, child support consists of two elements: “basic” child support and the “add-ons.” Domestic Relations Law §240 (1-b)(c)(4) and Domestic Relations Law §240 (1-b)(c)(6) provide that...
View ArticleCollection of Child Support Arrears
One issue that often comes up when someone owes child support or spousal support arrears is how those arrears are to be collected. One of the more common methods is through the use of income execution...
View ArticleHow Far Back Can Child Support Be Recalculated?
Ordinarily, proceedings to modify child support or related expenses are retroactive to the date of filing of the new application or petition. However, proceedings that argue that the court order or...
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