In 1989, New York passed the Child Support Standards Act (CSSA). The main purpose of this legislation was to establish minimum and meaningful standards of obligations on the premise that both parents share the responsibilities for child support. The CSSA brings a sense of uniformity and predictability with child support. Child support can generally be defined as the amount of money to be paid for the care, maintenance and education of an un-emancipated child. New York de

Family dynamics, especially post-divorce, can be complicated at the best of times. Unfortunately, there are instances where, post-divorce, the relationship between a child of the marriage and a parent, usually the non-custodial parent completely breaks down. The non-custodial parent is the parent who is not the residential parent for purposes of child support and is the parent the child or children do not live with for the majority of the time. In New York, unless stipula

Upon commencement of an action for divorce, when the “non-monied” spouse is in need of support he/she may be forced to file a pendente lite motion with the Court. Said motion seeks temporary monetary relief pending your litigation. Typically, one asks for temporary maintenance, temporary child support and attorney’s fees. Domestic Relations Law §236(B)(5-a) sets forth the formulas in which the Court uses to determine the presumptive temporary maintenance award. When dete

Many people mistakenly believe that prenuptial agreements are only for the wealthy. In reality, a properly drafted prenuptial agreement can benefit all couples by providing clarity and financial security before marriage. In New York, a prenup can define how assets and debts will be divided in the event of a divorce, helping to avoid costly and contentious litigation. It can also protect separate property, family businesses, inheritances, and other assets acquired before the m

You are contemplating moving but are either in the middle of a divorce or just signed your Stipulation of Settlement. Are you permitted to move? If there are no children from the marriage, then you can move wherever you wish. If you have children, the answer depends on the circumstances. Both parents are to spend meaningful time with the children. Having meaningful time with your children requires both parties to live relatively close to each other. The question then beco

In a New York divorce or custody case, supervised visitation is a parenting arrangement where a parent may spend time with their child only in the presence of a neutral third party. Courts typically order supervised visitation when there are concerns about a child’s safety, well-being, or emotional health, such as allegations of abuse, neglect, substance abuse, mental health issues, or a prolonged absence from the child’s life. The purpose is not to punish a parent, but to al

Domestic Relations Law § 236, Part B, Section 2 govern Automatic Orders in Matrimonial Actions. DRL § 236, Part B, Section 2 automatic orders are: Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or

A QDRO, or Qualified Domestic Relations Order, is a legal tool used in New York divorces to divide retirement benefits between spouses. It is commonly used for pensions, 401(k)s, and other qualified retirement plans. The QDRO allows a portion of one spouse’s retirement account to be paid to the other spouse without triggering taxes or early withdrawal penalties. Courts often issue QDROs as part of the equitable distribution process in a divorce. The order must meet federal an

New York Domestic Relations Law (DRL) § 255 plays a procedural but important role in matrimonial actions by requiring litigants to acknowledge the potential impact of divorce on certain health insurance benefits. Specifically, the statute mandates that, in every action for divorce, annulment, or legal separation, the summons served on a defendant must contain a notice regarding the automatic termination of health insurance coverage upon the entry of a final judgment. This pro

An issue that commonly arises in high conflict divorces surrounding children is how far can the residential parent move with the children. In New York domestic relations practice, the concept of a “radius clause” arises primarily in custody agreements and court orders to regulate the geographic boundaries within which a residential parent may relocate with a child. Although the New York Domestic Relations Law does not explicitly define or mandate radius clauses, such provis

A "family offense" is a category of conduct defined under Article 8 of the New York Family Court Act, covering acts between spouses, former spouses, intimate partners, or people who share a child that would otherwise constitute a crime under the New York Penal Law. Common examples include assault, harassment, aggravated harassment, menacing, strangulation, and unlawful imprisonment. Unlike a purely criminal matter, a family offense petition is filed in Family Court, which is

New York’s child support framework reflects a balance between predictable guidelines and judicial discretion, particularly when parental income exceeds the statutory cap. Under the Child Support Standards Act (CSSA), courts apply a formula to combined parental income up to a set cap (which is periodically adjusted; as of recent updates, it is $193,000.00). For income above that threshold, courts have discretion to determine whether, and to what extent, the statutory percentag

Many high net worth families facing divorce wish to take their children on vacation. While the divorce works it way through the court system. International travel with children raises complex legal issues under New York law, particularly when one parent seeks to take a child to a country that is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. These “non-Hague states” present heightened risks because there may be no reliable lega

Under New York matrimonial law, the issues of child support and visitation (or parenting time) are legally distinct, yet they often become entangled in practice when parents experience conflict. A recurring situation arises when a custodial parent denies visitation to the noncustodial parent who is actively paying child support. While this may feel like a justified response to grievances, New York law is clear: a parent may not withhold visitation as a means of enforcing or r

Often, especially in high net worth divorce matters, a parent may contribute money to a married child for the purchase of a marital residence in New York. Careful legal planning is essential to ensure that those funds remain protected as separate property rather than becoming subject to equitable distribution in the event of divorce. Under New York Domestic Relations Law, property acquired during a marriage is generally presumed to be marital property, regardless of how tit

In New York, child support determinations in joint residential custodial arrangements illustrate the flexibility—and occasional tension—within the Child Support Standards Act (CSSA). While the statute provides a clear formula for calculating support, it was originally designed with a primary custodial parent in mind. As shared parenting arrangements have become more common, courts have adapted the statutory framework to address situations in which both parents have substantia

Under New York law, the concept of post-commencement credits for mortgage payments most often arises in matrimonial actions, particularly in equitable distribution proceedings following the filing of a divorce action. “Post-commencement” refers to the period after the divorce action has been initiated. During this time, one spouse may continue to make payments toward a jointly held marital residence, including mortgage principal, interest, taxes, and insurance. Courts must th

An unforeseen issue in wealthy, high net worth, divorces is dividing airline points which can be more complicated than it first appears, because these rewards don’t fit neatly into traditional categories of property. In general, New York follows the principle of “equitable distribution,” meaning marital property is divided fairly, though not necessarily equally. The key question is whether airline miles or reward points qualify as marital property, and if so, how they should