New York’s Child Support Standards Act (“CSSA”) presumes that the “custodial” parent will pay child support to the “noncustodial” parent in an amount determined by a statutory formula (as set forth and explained in a separate article).  Where one parent has sole physical custody (meaning parenting time, as distinct from legal custody or decision-making capacity) of his or her child, that parent is the “custodial parent.”  So too in situations where one parent has primary, but not sole, physical custody of his or her child.

When income exceeds the statutory cap

Courts apportion custody of minor children between divorcing parents based on one standard: the “Best Interests of the Child.”  The most difficult aspect of divorce is ascertaining the best interests of the minor child(ren) involved; understanding and accepting that this might diverge from the best interests of parents, or might be inextricably linked to the best interests of parents.  A custody award is not a prize to one winning parent, nor is its denial in whole or in part a punishment to one losing parent.  Rather, a custody arrangement it a

What happens to separate property that is commingled with marital property?

Divorcing spouses want to know how money in a joint checking or savings account will be divided between them upon divorce, frequently asking:

Finding a qualified divorce attorney is like wading through a quagmire of incompetence.  Doing so, however, is imperative, and simplified by the following metrics.  Our advice is to interview attorneys who have practiced family law for at least ten years and are:

Whether or not a newly-divorced person can resume the use of the name they used before marriage depends on the location (jurisdiction) where people get divorced.  Since we live in an increasingly global world where people from different nationalities get married in country A, may live in country B, and get divorced in country C, this seemingly simple issue can get quickly complicated, although some basic rules apply.

You look at your daughter happily playing with the dog. They have been inseparable ever since your daughter was born five years ago. Next week, for the first time, it’s going to be just you and the dog, alone in the house. Your daughter is going to her dad’s for the week.

When a divorce is imminent, each party might automatically try to protect their own interests. For some, money becomes the primary concern. While this is understandable, neither party should allow it to lead to them taking illegal steps to try to hide assets. Being aware of how this might happen may help you to spot issues with the financial aspects of the divorce.