Child support is the payment awarded by the court to a custodial parent from a non-custodial parent to cover the costs of raising and caring for a child. In any divorce where child custody comes up as an issue, it will almost always follow. If you are in a divorce proceeding and you are concerned about this subject, you should keep these five things in mind: Continue reading “Five Things You Should Know About Child Support”
Category: Family Law
Five Things You May Want to Know About Visitation Rights
Visitation rights are often a contentious issue in any divorce where minor children are involved. Often, they cause just as many issues as arguments over child custody, and some people conflate the two issues, even though they are not one in the same. Here are five things you should know about visitation rights if you find yourself in this sort of dispute: Continue reading “Five Things You May Want to Know About Visitation Rights”
Order of Protection Applications During the COVID Crisis
The coronavirus put most legal proceedings on hold for its duration, with nonessential matters delayed until courts could fully reopen. However, what many people do not realize is that this did not stop people from filing orders of protection in family court matters, helping to protect them from abusive family members. If you have been the victim of abuse or violence by a family member, you may want to seek an order of protection to keep yourself and your loved ones safe. Continue reading “Order of Protection Applications During the COVID Crisis”
Custody Rulings and Parental Substance Abuse
Divorce and custody proceedings can be a difficult processes to endure and oftentimes, they place great strain on the child(ren) involved. What makes this process even more difficult is when one parent is a substance abuser. The abuse of drugs or alcohol can significantly affect a person’s ability to function during everyday activities and may pose a dangerous risk to that person’s child(ren) if left in his or her care. As the other parent involved in this marriage or divorce with a substance abuser, there are certain legal options available to obtain custody and ensure that your children are kept safe.
Continue reading “Custody Rulings and Parental Substance Abuse”
Using the SUNY (State University of New York) Cap to Determine Higher Education Contributions
Oftentimes, parents seeking to contribute to their child’s higher education are unaware of how child support may be impacted. In New York State, child support is based on a pro-rata (fewer deductions) share of parental income for the first $80,000 of combined income. Once you have the pro-rata share, the state applies a statutory percentage of income as follows:
Taking Children Out Of The Country
Now that school has begun, many parents may be planning a family vacation outside of the United States during a holiday break. For many divorced couples, this may present certain challenges, especially for those without a detailed custody agreement. Continue reading “Taking Children Out Of The Country”
Legally Preventing A Parent From Communicating With Their Child
While it is important for children to have a relationship with both of their parents, there are circumstances, such as dangerous or abusive behavior, when it is not in the best interest of a child to see a parent. In these instances, a parent can be legally prevented from having contact with a child. However, it is not a simple task and should not be taken lightly. Continue reading “Legally Preventing A Parent From Communicating With Their Child”
How To Establish A 50/50 Parenting Plan
When establishing an equally shared parenting plan (50/50 parenting plan) it is important to develop a plan that is viable and will offer the most meaningful relationship for the children. In today’s society, many separated or divorced parents wish to be equally involved with their children’s needs, interests, and lives. A parenting plan that is 50/50 can be created through a multitude of ways. However, it must be developed through negotiation and compromise. It is important to remember that the plan must conform to the needs and best interests of the children. It is important to be familiar with and understand the difference between sole custody and joint custody prior to establishing a parenting plan. Working together with a legal professional to establish a plan is often key to a successful parenting plan. Continue reading “How To Establish A 50/50 Parenting Plan”
Adult Adoption Is A Growing Trend
In New York State, an individual may adopt a person over the age of 18. This grants the person over the age of 18, the legal treatment of a biological child. Adult adoption often occurs for the purpose of establishing legal rights, including inheritance or recognizing a parent-child relationship. New York State does not have strict laws governing who is eligible to adopt as well as who is eligible to be adopted. For instance, in certain states, an adoptee must be a minimum of 10 years younger than the adopter. New York State only requires that the adoptee agrees to the adoption.
Family Law Terms To Be Familiar With
Family Court:
This is where matters relating to family law and child custody decisions are decided.
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