Videos

Featured Video Question and Answer

Should the court consider my financial circumstances in determining a temporary support award?

• Alimony Law

  • Can alimony be modified or terminated in New York?
  • Who gets alimony in New York and why?
  • Who can tell me how much alimony I have to pay in New York or how much I should receive?
  • When does alimony stop in New York?
  • When does alimony get paid in New York?
  • When can spousal support be ordered in New York?
  • What if my ex-spouse is delinquent in alimony payments. What can I do in New York?
  • What are the odds of a man getting alimony in New York?
  • What are the factors that go into an spousal support determination in New York?
  • Should the court consider my financial circumstances in determining a temporary support award?
  • Is a severance paycheck subject to spousal support in New York?
  • If I receive an inheritance, does this affect alimony in any way in New York?
  • If a spouse remarries, does this terminate his obligation to pay alimony in New York?
  • If a spouse commits adultery, does this behavior result in an increase in alimony in New York?
  • How does alimony work in New York?
  • How does a spouse’s earning capacity affect alimony in New York?
  • How do I know if I qualify for alimony?
  • How do I get monthly support payments resumed and collect back support in New York?
  • How do I find out if alimony is allowed in my state?
  • How do I enforce a support order in New York?
  • How can I obtain a tax deduction for a support payment?
  • Does my ex-husband have to continue to pay alimony if I am now living with another man?
  • Does a supporting spouse have a right to be compensated for increasing the earning capacity via education of the other spouse?
  • Can you give an example of a short-term marriage?
  • Can you give an example of a long term marriage?
  • Can my ex-wife collect back alimony when she did nothing about my non-payment for several years?
  • Can my ex-spouse terminate my spousal support in New York?
  • Can men seek alimony in New York?
  • Can I revise how my settlement agreement characterizes my payment for tax purposes?
  • Can I renegotiate the length of time I receive alimony in New York?
  • Can a New York court order payment of support during the marriage?

• Child Custody Law

  • Will a court look negatively on my smoking around my child?
  • Who determines how much visitation is reasonable and fair?
  • What is the difference between custodial parent and non-custodial parent?
  • What is supervised visitation in New York?
  • What is child visitation and a parenting plan?
  • What is a visitation exchange?
  • What is a shared custody arrangement in New York and how does it work?
  • What is a fixed visitation schedule?
  • What if the custodial parent wants to move away from the non-custodial parent?
  • What if the child’s best interest does not coincide with the parents’ personal desires?
  • What if both parents agree on child custody and visitation in New York?
  • What if a noncustodial parent ignores or forgets about the summons and complaint?
  • What happens when the noncustodial parent has money to pay child support but still will not pay?
  • What happens in a New York custody dispute where one parent is mentally ill?
  • What happens in New York when visitation rights are frustrated?
  • What happens if the non-custodial parent refuses to return the child to the parent with custody?
  • What factors go into determining custody and visitation in New York?
  • What does reasonable visitation mean?
  • What are some common arrangements for child visitation in New York?
  • My son is going through a divorce. I am afraid that his wife will exclude us from seeing our grandchild. Can she do this?
  • My ex-spouse was physically abusive to me and the children. How can abuse be prevented during visits with the children?
  • My ex-spouse has remarried and has another family to support. How does this affect the support owed to our children?
  • Is race ever an issue in custody or visitation decisions in New York?
  • Is homosexuality an important factor in determining custody?
  • If the other parent will not allow me to see my children, do I have to pay support in New YorkNew York?
  • If I sign over your parental rights to a child, do I still have to pay child support in New York?
  • If I am going to leave my marriage and file for divorce, should I leave the kids with my spouse until I am settled elsewhere?
  • If child support is not paid, must visitation be allowed in New York?
  • I am a noncustodial parent, but my child lives with me now. Can I change the child support order?
  • How will the New York court determine where my children should reside after the divorce?
  • How is the amount of child support determined in New York?
  • How does joint custody work in New York?
  • How do I exercise my visitation rights in New York, if the non-custodial parent is denying me access to my child?
  • Does religion enter into the determination of child custody in New York?
  • Does joint custody affect child support in New York?
  • Does custody always go to just one parent in New York?
  • Does an extramarital affair have an impact on child custody in New York?
  • Does a spouse’s infidelity have any bearing upon custody determinations in New York?
  • Does a court have to decide our visitation schedule, or can the other parent and I make the schedule ourselves?
  • Can visitation in New York be denied to a non-custodial parent?
  • Can nonbiological parents be awarded custody?
  • Can I move my kids out of state and then get a divorce?
  • Can I get joint custody if I am not paid up on child support in New York?
  • Can expert witnesses be used in custody battles?
  • Can custody rights be modified in New York?
  • Can an unmarried girl get sole custody of her child in New York?
  • Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
  • Are there juries in New York child custody cases?
  • Are New York courts more likely to award custody to mothers than to fathers?
  • Are New York courts reluctant to grant sole custody to fathers?

• Child Support Law

  • Will the child support be reviewed in the future?
  • Will my overtime be included in child support calculations?
  • Who can seek a child support modification in New York?
  • Who can apply for child support services in New York and what is the fee?
  • What is child support?
  • What is arrearage?
  • What is a cost of living adjustment (COLA) clause?
  • What if the noncustodial parent is still in school and has no money?
  • What does the term combined income refer to in figuring child support in New York?
  • What do I do if I completed the paternity affidavit, but I now think I am not the father?
  • My unemployment benefits reduced my income. Can I get my child support postponed or lowered?
  • My ex-spouse wants me to share 1/2 of school expenses, clothes, shoes, supplies, etc. Isn’t that what child support is for?
  • My ex-spouse moved away without letting me know where she moved to. Do I still owe her support?
  • My ex-spouse changes jobs frequently. This keeps me from receiving regular payments. What can be done?
  • My child support is more than 50 percent of my take-home pay. Is this legal in New York?
  • My child is about to turn 18, but is still in high school and living at home. Can I still get child support?
  • Must the children be covered by health insurance?
  • Is there a minimum child support amount in New York that my ex-spouse should have to pay, whether or not they are working?
  • If the non-residential parent is sending me money directly, does that count as child support?
  • If I get joint custody, will I still have to pay child support in New York?
  • I cannot get by on what is left of my paycheck. How can I get my child support lowered in New York?
  • I am on unemployment compensation. Is there a limit on the amount that can be taken out for child support?
  • How will medical support be determined in New York?
  • How long before the child support payments begin?
  • How do I collect child support in New York from a noncustodial parent who lives out-of-state?
  • How can I prevent unjust seizure of my income tax refund check in New York?
  • How can I get support when I cannot even locate my ex-spouse?
  • How and where can paternity be established in New York?
  • Can the New York courts include my new spouse’s income when setting child support?
  • Can the New York court base its child support order on what I am able to earn, as opposed to what I am actually earning?
  • Can my ex-spouse make me pay for a private school for our child in New York?
  • Can clothing costs be considered as child support in New York?
  • Can child support be reduced in New York if I remarry and have more children with my new wife?
  • Am I still obligated to pay child support while my 18-year-old child takes a year off from high school?

• Divorce Law

  • Will my soon-to-be ex-wife be entitled to any pension I earn after our New York divorce?
  • Will I have to go to court at any time during my divorce in New York?
  • Will I get to keep my house, car, and property after my divorce in New York?
  • When parents are not divorced yet, can one parent move with the children out of New York?
  • What should I bring when I meet with the divorce attorney?
  • What papers do I need when I start a divorce case in New York?
  • What is legal separation?
  • What is an uncontested divorce?
  • What is a pro se divorce?
  • What is a marital settlement agreement in a divorce in New York?
  • What if my spouse is served with the divorce but does not answer?
  • What if my spouse cannot be found or evades service of the divorce papers?
  • What if I need child support while the divorce is still in process in New York?
  • What happens to retirement funds and 401k plans in a divorce?
  • What happens to joint debts when we divorce in New York?
  • What happens if we reconcile and want to cancel the divorce?
  • What happens if I do not sign the divorce papers?
  • What are the most common financial mistakes made during divorce?
  • What are grounds for divorce in New York?
  • My spouse just asked for a divorce. What do I do first in New York?
  • Is there a right to a jury trial in divorce in New York?
  • Is my spouse entitled to a portion of my business in New York?
  • Is it illegal to get remarried before my divorce is final?
  • In my New York divorce case, what is a petition?
  • In my New York divorce case, can we decide ourselves how to divide our property?
  • In my New York divorce case, is there a limit to the amount of times my ex-spouse can drag me in and out of court?
  • In my New York divorce case, what happens after the filing of the complaint and the answer?
  • In my New York divorce case, what happens in a temporary hearing?
  • In my New York divorce case, will I have to pay for my spouse’s attorney?
  • In my New York divorce case, what is the preliminary injunction about?
  • If I ask for a divorce and move out, do I still have to pay the rent and bills on that place?
  • I live in a fault state. What happens if I cannot prove fault?
  • How is divorce initiated in New York?
  • How do I protect my credit when going through divorce in New York?
  • How can I keep my spouse from selling property before we divorce in New York?
  • Do I have to pay alimony in a divorce in New York?
  • Can my spouse tell me that I cannot see my kids?
  • Can I represent myself in family court in New York?
  • Can I oppose a divorce in New York?
  • Can I go back to my maiden name after my divorce in New York?
  • A large part of my husband’s income is cash and is never reported. How do I ensure I get what I deserve?

• Grandparents Rights Law

  • When do grandparents or other relatives have custody or visitation rights?
  • What rights do grandparents have?
  • What requirements are there for awarding grandparents visitation or custody?
  • If I do have to go to court to obtain a contact order to see my grandchildren, what do I need to prove?
  • I am a grandparent and am being refused permission to see my grandchildren. Is there anything I can do in New York?
  • How do courts determine whether grandparents get visitation?
  • How can parents protect their children from unfit grandparents?
  • How can I make sure I can see my grandchild?
  • Do I have to take the parents to court in order to see or take care of my grandchild(ren)?
  • Do grandparents have any rights of custody or visitation with their grandchildren?
  • Do grandparents have a right to petition for custody if the child has been placed in foster care?
  • Can a grandparent ever get custody of a grandchild against a natural parent in New York?