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

The starting point for the calculation of child support is the previous year’s tax returns. However, there are other factors which may lead the Court to enhance or adjust income when determining the proper amount of child support. For instance, Courts will look to your most recent pay stubs or your year to date income. The reason the Court will consider this year’s income is that there may be a dramatic change in earnings since the filing of your latest tax return. For ins

When one spouse works off the books or in a predominately cash business, there is the fear of an inability to capture that person’s true income. While it is true, without records and reliable tax returns figuring out a person’s true income will be challenging, there are things you can do to approximate income for support purposes. First, you are your own best asset in these situations. You know approximately the cost of your mortgage and carrying costs each month. You kn

When a defendant is arrested, he sees a judge for an arraignment on the charges. At an arraignment, the presiding judge must determine the defendant’s custody status on the instant charges. Criminal Procedure Law Section 510.10 governs and enumerates the “bail qualifying offenses” to determine if a given crime the defendant is accused of is bail eligible. The presiding judge at arraignment “shall make an individualized determination as to whether the principal poses a risk of

Discovery is an important part of the divorce process because it allows both parties to understand the full financial picture before any decisions are made about property division, support, or other issues. During discovery, each side can request documents and information about income, assets, debts, and other financial matters. This helps ensure that both spouses are being transparent and that nothing is being hidden. In New York divorce cases, courts rely on accurate financ

Unfortunately, for some former spouses, the entry of a Judgment of Divorce does not always mean the end of litigation. After a divorce, the parties often have obligations to pay spousal support, pay child support, and/or divide marital assets. While most parties think the Judgment of Divorce is the end of their litigation, if both parties do not comply with the Judgment of Divorce, litigation will ensue to ensure the defaulting parties’ compliance. If a party fails to abide b

When co-owners of a real estate premises cannot agree on how to use or sell the shared property, one owner can file a partition action. The most common type of partition is a partition by sale. A partition by sale occurs when a court orders the sale of a subject property and divides the money among the co-owners based on their shares and interest in the property. This generally occurs when unmarried couples who jointly own a piece of property separate as a couple and no longe

It is not uncommon for married couples not to keep their assets separate, especially with a long term marriage. However, when the issue of divorce arises, a problem is created for the spouse who believed that funds such as inheritance or a personal injury award would normally be that person’s separate property. If you mixed this money with marital assets for a significant period or with many transactions, court will more than likely find that what would have been your separ

Prenuptial Agreements are common devices used to protect a person’s separate property interests when theyare entering into a marriage. While Prenuptial Agreements are binding it is important that there is proper financial disclosure and that the agreement is properly prepared and executed to withstand any future scrutiny. It is not uncommon that in cases of divorce that one spouse, usually the spouse with less financial resources, is no longer happy with the Prenuptial Agreem