A recent case by an appellate court makes clear that a parent may deduct college expenses paid for room and board from his child support obligation pursuant to a court order. This result can be avoided by a carefully crafted separation agreement that contains a …

There is no more important facet of divorce litigation than being prepared for a court conference, either to attempt a settlement or to obtain relief such as a court order directing payment of support or matters pertaining to children, such as visitation disputes. Since the court …

A recent case in the Appellate Division second department highlights the importance of requesting support from the very first opportunity. In that case because the wife had failed to ask for support in her answer, and did not move for temporary support, her award was …

There is no better way to assemble financial evidence in a contested divorce case than in obtaining your spouse’s computer, both the individual as well as the business PC. There will be a treasure trove of information that will include records of stock transactions, the …

A recent case in an appeals court highlights the need to bring a lawsuit to set aside the terms of a settlement agreement within six years, the statute of limitations that applies to settlement agreements. In this case, a party determined that their pension benefits …

Many clients overlook the importance of a first consultation with their lawyers.  This is the first opportunity to make full disclosure regarding your financial background and any specific facts that might impact on the outcome of your case.  For example, it would be important to …

Currently, five states permit same-sex marriage (Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire), plus the District of Columbia. Three more states officially pledge to honor out-of-state same-sex marriages (Maryland, Rhode Island and New York). Seven foreign countries also grant full marriage rights to gays and …

Getting ready to try a custody case involves a great deal of time and effort, as well as emotional turmoil, for both you and your attorney. No aspect of a divorce case is more taxing emotionally, or requires more preparation. Apart from your own testimony, …

Many attorneys can overlook favorable clauses to include in separation agreements for a variety of reasons. Much time, negotiations, and effort goes into the settlement agreement, and often clients are in a hurry to strike while the iron is hot and have the agreement speedily …

Once a divorce case is begun in New York, an Individual Assignment Judge will be assigned to your case, and you will normally stay with such judge until the case is tried and completed. During the pendency of your matter, both you and your attorney …

In a recent case, decided by the appellate division of the second department, which affects residents in Nassau, Suffolk, Queens, Kings, and Westchester Counties, the court held that it need not rely upon a party’s account of his or her finances, but could impute income …

Selecting a lawyer to represent you, is much akin to selecting a medical doctor when you are ill with a serious disease. The first consideration should be his or her professional qualifications, which should include published books and articles written in the field of family …

Orders of protection are a potent weapon to prevent physical abuse against a spouse or children and to obtain stay away orders which will result in exclusive occupancy of the marital residence during the time that the case is proceeding in the divorce court.  In …

The negotiations leading to the execution of a pre-nuptial agreement is indeed a delicate affair. Care must be had to not permit overreaching, or any sign of trying to pull the wool over the other party’s eyes, lest the nuptials may never occur. In order …

Bringing on a lawsuit to set aside the terms of a marital settlement agreement, whether they are in writing or made in open court and the terms are dictated on the record, is an arduous job. Agreements of settlement are normally favored by the courts, …