When a couple with children decides to end their marriage, their primary concern is often determining an arrangement that best suits their children’s needs. In many cases, this will involve an agreement to live in a certain geographical area. The courts will typically adopt such an agreement if they find…
New York law demands that parents support their children financially, and in many shared custody cases, the courts will order one parent to pay the other child support, subject to the terms of a support order. The law also recognizes that circumstances can change over time and allows parties to…
When tasked with determining parental rights, the New York courts generally aim to maintain the parent-child relationship, but the health and welfare of the child is their paramount concern. As such, in some cases, they will find it to be in a child’s best interests to limit a parent’s access…
New York law states that parents have an obligation to provide for their children financially. In cases in which parents share custody of a child, this often means that one parent will be required to pay child support to the other. In matters in which parents have equal custody rights,…
It is not uncommon for a party to move to a new location after divorce. When a person who shares a child with their former spouse decides to relocate, though, it may complicate their custody rights. As demonstrated in a recent New York custody ruling, the court’s principal concern in…
It is not uncommon for a divorcing couple to enter into a settlement agreement establishing their rights and obligations. If they have children, such agreements may include provisions regarding child support. While any agreement pertaining to children must be in the children’s best interests, if the courts incorporate a stipulation…
Most divorces in New York are resolved through a settlement agreement. Written Settlement Agreements set forth the terms of the parties’ division of property and support obligations. Generally, the courts will incorporate such settlement agreements into the final divorce decree and enforce them as they would other contracts. This means,…
In New York divorce actions, the lesser-earning party will often seek spousal or child support from their spouse. The courts typically rely on income-based guidelines when evaluating such requests. In cases in which the higher-earning spouse’s income exceeds the income cap, the courts have the discretion to include income above…
In New York divorce actions involving children, the courts’ driving concern is what is in the best interest of the children, and they will issue custody orders accordingly. As such, a parent that wants to modify an existing custody order must meet a significant evidentiary burden, not only to demonstrate…
The cost of raising a child increases each year, and few people can afford it alone. As such, in cases in which parents split custody of a child, the courts will often order one parent to pay the other child support. If a parent refuses to pay child support, they…