Should two people who are physically, emotionally and economically uninvolved biologically parent and raise children together? Abbey Ellin explores this very issue in her New York Times article Making a Child, Minus the Couple. In her article, Ellin explores the “new breed of online daters, looking not for love but rather a partner with whom...
Child SupportThe Costs of a Raising a Child Rose; The Costs Are Even Higher in New York
October 18, 2012
It will cost a middle income family about $234,900 to raise a child born in 2011 until the age of 17 according to The Report on Expenditures on Children by Families prepared by the United States Department of Agriculture. This expenditure represents the cost of food, clothing, shelter, and other necessities. The report recognizes that the...
Child SupportSpousal MaintenanceWhat Happens to Child Support or Maintenance Payments If My Ex Dies?
June 6, 2012
You have been granted either spousal maintenance or child support, what happens if your ex dies? Maintenance or spousal support terminates when the paying spouse dies. Ordinarily, unless arrears are owed, the recipient of the payment has no claim against the payer’s estate. It is for this reason, that I strongly encourage all periodic payments...
One question I am frequently asked goes something like this: I am the custodial parent of a child in New York. My income has doubled while the father, the non custodial parent’s income has remained the same. What effect will this have on his child support payments to me? The answer – Under New York’s...
One of the most frequent questions I am asked goes something like this: I am paying child support for my children pursuant to a New York support order. I have just remarried. Will my new spouse’s income be used to calculate child support to be paid to my ex? The answer is generally no. ...
Obtaining an order requiring the payment of child support is only half the battle; actually collecting child support is entirely another story. Lawyers.com details that: According to the latest comprehensive child support numbers from the US Census Bureau, only 41.2 percent of custodial parents receive the full amount of support owed them by their ex-spouses....
The college application process can be an extremely stressful experience in a young person’s life; adding to the child’s stress about deciding where to apply and which school to attend is the child’s awareness that his or her choice of a college will provide yet another opportunity for parental conflict over who is going to...
Child SupportDivorceProperty DivisionNew York’s New Divorce Laws
October 11, 2010
This is an historic week in divorce law in New York. The recently enacted no fault divorce law becomes effective October 12, 2010. In addition to no fault divorce, three other divorce laws become effective this week including: 1. a new procedures for setting awards of temporary maintenance while a divorce is pending; 2. a procedure...
As Above the Law points out, it is ironic that on the day a federal judge in struck down California’s ban on same sex marriage, a New York appeals court ruled that a same-sex partner may be liable for child support. In the case H.M. v. E.T, the Court ruled that the when the partner of...
A finding of emancipation terminates the parental obligation to pay child support. For this reason, the issue is oft litigated. The typical divorce settlement agreement provides that child support will terminate on the happening of an “emancipation event” which is defined by parties’ settlement agreement, but generally includes the child’s death, marriage or entry into...
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