Oct 26, 2018
Answer: The statutory amount required for two children is 25% but only up to the combined incomes of both parents of $80,000; after that it is up to the courts to decide. The exact calculation is complex and not for this message. You are allowed to agree between you to deviate from this statutory amount […]
Continue Reading...Oct 26, 2018
Answer: Unless there is physical abuse present, do not move out of the house or leave the children for extended periods ( i.e. days) without first having an understanding in writing about the future ownership of the house or custody of the children. I strongly urge you to consider mediation and give me a call […]
Continue Reading...Oct 26, 2018
Answer: If you wish to fight this unfair assessment you must convince the judge that this decrease in salary is not a fluke but is in fact the present salary that is commensurate with the type of skills that you have and that the old salary upon which the original child support was based is […]
Continue Reading...Oct 26, 2018
Answer: Under section 170 of the New York State Domestic Relations Law New York State requires grounds for divorce. One of the grounds is confinement of the defendant in prison but such must be for a period of three or more consecutive years after the marriage of plaintiff and defendant. There are other grounds as […]
Continue Reading...Oct 26, 2018
Answer: In order to properly answer your question, I must review the Separation Agreement entered into by your brother in which it most likely expressly states how long and how much he must contribute to the support of his daughter. It most likely provides for an extended period beyond the age of 18 in the […]
Continue Reading...Oct 26, 2018
Answer: Each state has its own requirements. The State of New York Domestic Relations Law (D. R. L.) Section 240 provides a complex statutory requirement depending upon the income of the parents and the number of children. The basic amount, however is 17% for 1 child, 25% for two children, 29% for 3 children, and […]
Continue Reading...Oct 26, 2018
Answer: In order to properly answer your question I need additional information. Was the separation a result of a court order or separation agreement between the parties? Did this agreement provide for the custody of the child? If in fact there was no separation agreement or court order, the custody of the child remains with […]
Continue Reading...Oct 26, 2018
Answer: In order to properly answer your question, I must know what state you are presently living in and for how long, what state were you living in during the marriage, if there any assets, and where the children are living. In general, joint custody would provide that each of the parents would be responsible […]
Continue Reading...Oct 26, 2018
Answer: In order to properly answer your question I must know whether you entered into a Separation Agreement upon your divorce and was custody of the children given to your spouse. If so, the children would not have a right to decide on their own where they wished to reside. In order to change the […]
Continue Reading...Oct 26, 2018
Answer: The guidelines for income above $80,000 apply the same percentage standard as below $80,000 unless the judge has some reason to apply a different standard. Nevertheless, the parties can usually agree to deviate from the guidelines, as long as they adequately provide for support of the children which includes educational and medical support as […]
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