March 2016 - Clement Law

Credit Card Companies Won’t Care About How You and Your Spouse Allocate Responsibility for Debts in a New York Divorce

What’s in your wallet? Is it a bunch of credit cards carrying large balances? Can the same be said for your spouse? If so, allocating responsibility for paying down those balances will be a challenging issue in your New York divorce. The principle of equitable division in New York divorces applies not only to marital…

Your Ex and Your Social Security Benefits

Your divorce may be long behind you but if your golden years are right in front of you, your ex may be looking for a piece of your Social Security retirement benefits. Even if you have since remarried, your former spouse may be entitled to benefits based on your work record. In order to qualify…

When You Can’t Afford a Divorce Lawyer, Your Spouse Might Have to Pay for One

To paraphrase George Orwell, some spouses are more equal than others. The inequality in many marriages takes the form of a disparity in income or assets available to each spouse. While the parties are happily married, this inequality may not be an issue. When a couple is going through a divorce, however, it can lead…

Seven Ways a Spouse Can Conceal Assets in a New York Divorce

Sadly, divorce often involves lies and deception. Although the parties in a New York divorce action are obligated to make full and complete disclosures of their assets and liabilities, it is not uncommon for one spouse to attempt to hide marital property. By hiding assets, one of the parties may attempt to keep those assets…

Can a Divorced New York Parent Be Required to Pay for Private School Tuition?

The choices regarding how and where a child will be educated can be some of the more contentious issues in a New York divorce. Often, the dispute as to a child’s schooling comes down to one thing: whether the child will attend public school or private school. When one parent, especially a custodial parent, wants…

Do the Revisions to New York Divorce Law Change When Cohabitation Can End Spousal Maintenance Obligations?

The major revisions to New York divorce law enacted in 2015 included significant changes to how courts will award – and terminate - temporary and permanent spousal maintenance. One of the changes the law addressed was the effect a spouse’s cohabitation with another person had on the other spouse’s obligation to continue making maintenance payments.…

“Wasteful Dissipation” of Marital Assets: What It Is and How It Effects Property Division in a New York Divorce

Sometimes, one of the parties in a New York divorce will take steps that they think will help their cause and hurt their spouse only to discover that they in fact have made their own situation worse. When it comes to equitable distribution of marital property, one spouse may use or spend assets in a…

Can You Change Your Child’s Last Name After Divorce?

It is not uncommon for a spouse who took the other spouse’s surname during marriage to want to revert to their maiden name after a divorce. This is a personal decision and one that typically cannot be prevented simply because the other spouse objects. But what about a child’s surname? If a custodial parent who…

Can a Step-Parent Be Ordered to Pay Child Support?

Step-parents often take on many of the responsibilities of biological parents when they become part of a family. But is one of those responsibilities the payment of child support for any step-children in the event of a divorce? In New York the answer depends on two factors: Availability of support from the non-custodial biological parent…

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Monthly Archives: March 2016

Credit Card Companies Won’t Care About How You and Your Spouse Allocate Responsibility for Debts in a New York Divorce

Your Ex and Your Social Security Benefits

When You Can’t Afford a Divorce Lawyer, Your Spouse Might Have to Pay for One

Seven Ways a Spouse Can Conceal Assets in a New York Divorce

Can a Divorced New York Parent Be Required to Pay for Private School Tuition?

Do the Revisions to New York Divorce Law Change When Cohabitation Can End Spousal Maintenance Obligations?

“Wasteful Dissipation” of Marital Assets: What It Is and How It Effects Property Division in a New York Divorce

Can You Change Your Child’s Last Name After Divorce?

Can a Step-Parent Be Ordered to Pay Child Support?

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