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Child Support

Under New York State law, children must be financially supported until they are 21 years old. Regardless of whether or not an individual knows a child personally or lives with them, a parent is required to pay child support under the Child Support Standards Act (CSSA) in New York.

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Prenuptial Agreements

A prenuptial agreement is designed to protect both the husband and wife, even if they are of limited means. A prenuptial agreement is a contract entered into before marriage that is unique to their circumstances. It identifies what will constitute marital property and what will remain separate property. Furthermore, it establishes each party’s financial obligation, and lays out a framework of what will occur if the marriage results in a divorce or even death. It may also include spousal support and life insurance requirements.

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What is an Order of Protection?

An order of protection is a legal document that limits the behavior of an individual. An order of protection may be granted by a court if an individual threatens another individual or to address various types of safety issues. Orders of protection can be issued by a family, criminal, or civil court, however the orders associated with each court differ. In family court, an order of protection may be issued to stop violence between family members, or intimate relationship, and provide protection for the individuals who are affected.

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Division of Property in a Divorce

One of the first things individuals may ask when going through a divorce is who gets what? This question is one of the most frequent questions asked by divorcing couples, and the answer is covered by New York State’s Domestic Relations Law (DRL). New York’s DRL sets forth that New York State is an equitable distribution state.

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What You Should Know About Child Custody

When it comes to child custody determinations, there are many forms of custody that can be awarded by the court. For instance, there is a difference between legal and physical custody, as well as joint and sole custody of the child. If you are going through a divorce with children, it is important to be aware of the forms of custody that are available.

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Social Media and Divorce: What You Should Know

Nowadays most individuals are active on at least one social media site. A November 2016 study by the Pew Research Center indicates that approximately 68% of all adults use Facebook. When going through a divorce, the social media account of either party can play a major role. Serving as what appears to be an online journal for many people, parties to a divorce should be conscious of what they are placing on their social media during a divorce.

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Parents of Gifted Children May Receive Additional Child Support

On October 21, an Ocean County, New Jersey judge ruled that additional child support may be required to develop a gifted child’s talent. Typically, extracurricular activities are covered by basic child support payments. However, Superior Court Judge Leonard Jones said, “Additional support may be ordered when the activities advance a child’s potential.”

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Court Asks for Assessment of Father’s Income When Appointing Counsel

A father’s ability to pay all or part of his legal costs in a custody dispute over his two children is being challenged by a New York Supreme Court Judge. New York State recognizes the constitutional and statutory rights, held by the father, that justify the appointment of counsel during a custody dispute. However, New York State’s requirement does not require the appointment of private counsel. The Family Court Act of New York provides that a public attorney must be assigned to a litigant in any matter where they are unable to obtain an attorney.

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New York Same-Sex Spouses Divorce: Child Custody Considerations

According to a study published in 2013 by Dr. Nanette Gartrell and Dr. Jack Drescher, there are 690,000 same-sex couples living in the U.S. and 19 percent are raising children under the age of 18. In June 2015, the Supreme Court gave its opinion in Obergefell v. Hodges, sanctioning homosexual couples the constitutional right to marry. Since then, more than 123,000 same-sex marriages have taken place, according to Gallup. However, with all relationships, whether same-sex or heterosexual, not all of them last forever. Some same-sex spouses may find themselves facing the challenges of divorce, especially in breakups that involve children, who may not have a biological connection to one or both of their parents.

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What Are Your Legal Options When a Spouse Refuses to Sign Divorce Papers?

It has been recently publicized that the impending divorce of celebrities Nick Cannon and Mariah Carey is reportedly on hold due to Mr. Cannon’s refusal to sign divorce papers. The TV personality filed for divorce from his wife in 2014, but, since then, has not signed the papers that would end the marriage. Ms. Carey is reportedly frustrated with the situation which may stall her plans to be wed to current fiancé James Pecker this summer. There are many reasons as to why a spouse would refuse to sign divorce papers to end a marriage, including hesitation to end the marriage, lack of interest in partaking in the divorce process, or to make his or her spouse upset. However, in either regard, whether the divorce papers are signed or not, an individual cannot legally prevent his or her spouse from obtaining a divorce.

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