Money can’t buy you love. Money alone also can’t buy you custody of your child during a divorce. For many divorcing parents, there is a significant difference between their respective incomes; one parent may, in fact, have no income at all. While income certainly plays a role in determining child support obligations, what impact does...
When parents divorce, they aren’t the only two people whose lives will be dramatically impacted by the decisions made during divorce proceedings. Their children’s world will also be shaped by what happens in the courtroom or at the negotiating table. While each parent will have a lawyer who will zealously protect their rights and advocate...
A terrific new book “Onward & Upward – Guide For Getting Through New York Divorce & Family Law Issues” was just published. I co-authored this book. The book is a collaborative effort, with chapters written by lawyers and non-lawyers, all experts in their respective fields, covering myriad of family and matrimonial law topics,...
You don’t have to pay child support if you’re not allowed to see your child. That was the essence of a recent ruling by a New York appellate court which relieved a father of his child support obligations because his ex-wife continuously prevented him from seeing their son. In Matter of Coull v. Rottman, the...
High school seniors in New York, New Jersey, and across the country soon will be anxiously waiting by their mailboxes (or refreshing their email in-boxes) in hopes of getting notified that they have been accepted into their dream college. Of course, parents will be hanging on this decision as well, since they will have to...
Need a source to collect maintenance arrears- here is a novel place, your ex’s attorney retainer account. An upstate court allowed a wife to collect maintenance arrears she was owed from the retainer paid to the husband’s attorney. The wife had obtained several money judgments against the husband due to his failure to pay support. ...
Here is a depressing statistic – 80% of all custodial parents do not receive all of the child support owed to them. According to a Congressional study, only 2.7 million (19%) of the 14.4 million custodial parents eligible for child support are paid all of the child support to which they are entitled. In New...
Here is a common problem- the custodial parent obtains an award of child support in New York. The support award is high. The non-custodial parent objects, appeals the support award and wins; after the child support order is reduced, can the parent paying child support recover any portion of the overpayment of child support? ...
Supplemental Security Income (SSI) payments cannot be levied against to pay support payments. When a parent fails to pay court ordered child support, his/her income may be garnished. In addition, since social security is based upon “ renumeration for employment, it too may be attached. However, because SSI payments are payments are made to assist...
Time is money, at least when figuring out which parent is responsible for paying child support in New York. As a result, a wealthy parent, who has custody of the children a majority of the time, does not have to pay child support to the other poorer parent. In the case of Rubin v....
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