Can I Make My Spouse Pay for Divorce in NY?

Can I make my spouse pay for divorce in NY?divorce-best-syracuse-lawyers

Well, as with most legal answers, that depends. It depends primarily on if you are considered the less-monied spouse. Along with the legislation that allowed NY to become a no-fault divorce state, was another bill signed by the Governor, A7569-A/S4532-A.

This bill created a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys’ fees. Under the previous law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means.

It does not matter who initiated the divorce proceedings, the laws use a formula and calculation to determine temporary spousal support (if any), as well as less monied spouse based on income. With the no-fault laws now in place in NYS, one can not contest the divorce itself. But there are two parts to the divorce proceedings; grounds and terms.

Just because one can not prevent the divorce from happening, and maintenance is calculated by a formula, does not mean one does not need the advice of an experienced divorce attorney. It’s necessary when it comes to the terms of the divorce to have a clear understanding of the agreements and terms that will effect the rest of your life as well as your children’s.

Within the terms of the divorce many things are decided, equitable distribution of marital property, spousal support (alimony), child support, custody etc…
It’s imperative that you are familiar with each aspect of the terms of your divorce, and receive what you are entitled to under the NY law.

Divorce is a complicated process.  Our trial experienced Family Law attorneys at Weisberg & Zukher will take the time to talk with you to ensure that you understand all of the factors involved in your divorce, and work with you individually to prepare a sound legal strategy to ensure the best result possible in your case. For more information on how we can help Contact us by using the link or by phone at 315-701-2939.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

What is the Divorce Process Like in New York?

 

What is the divorce process like in NY?

Some divorces are simple and can be handled with a minimum amount of court involvement.  However, most divorces are complex and involve many issues.  The following is a basic outline of the divorce process…

Your lawyer will prepare a complaint setting forth the reasons for the divorce.  The complaint is filed with the court and served on the other spouse.  The parties, through their attorneys, engage in a period of “discovery,” during which they exchange all documents and other information relevant to deciding the issues in the divorce such as property division, spousal support, and child support.  During this process, the parties may reach a settlement with regard to all of the issues in a divorce.  If a settlement is reached, an agreement is submitted to the court.  If the judge approves the agreement, the court issues a divorce decree that includes the terms to which the parties agreed.  If the court does not approve the parties’ agreement, or if there has been no agreement, the case will go to trial.  At trial, the attorneys present the evidence and arguments for both sides, and the court decides the issues.  If no agreement was reached and the case proceeds to trial, the parties can appeal the court’s decision to a higher court.

Divorce is a complicated process.  Our trial experienced Family Law attorneys at Weisberg & Zukher will take the time to talk with you to ensure that you understand all of the factors involved in your divorce, and work with you individually to prepare a sound legal strategy to ensure the best result possible in your case. For more information on how we can help Contact us by using the link or by phone at 315-701-2939.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

Increase or Reduction in Child Support in New York

Increase or Reduction in Child Support in NY

Child Support Modification is generally requested for two primary reasons;

1. A significant change in Financial Circumstance.

2. A change in the child’s living arrangements.
In New York State, if the prior order is more than 3 years old or the non-custodial parent shows more than a 15% increase in salary, there is an automatic review…

A request to increase support due to significant change in financial circumstance  is usually initiated by the custodial parent if the non-custodial parent gets a higher paying job, promoted or comes into a sum of money through inheritance or winnings.  Another reason a custodial parent may seek to increase support is if there was a significant increase in the child’s expenses. These could include things such as uncovered medical or dental expenses, child care, or educations expenses.

A request to decrease the amount of child support due to a significant change in financial circumstances is usually initiated by the non-custodial parent due to a job loss, illness, or other major change in financial circumstance.  It should be stressed that voluntarily quitting a job cannot be used to justify a downward modification. Also, a temporary loss of employment will usually not justify a reduction in support. The court will require proof of  search for employment in these cases. Generally speaking, a court is not inclined to reduce a child’s standard of living except in extreme circumstances.

Another note on requesting a reduction- Do not rely on a verbal agreement for  reduction in support. If you and your child’s other parent have a falling out at a later date, they can request that all child support under the written order be paid and the court must uphold that order. There are several legal ramifications to you for not paying child support in New York State. A non-custodial parent who falls behind in payments also risks having his or her driver’s license or professional and business licenses suspended, bank accounts seized, passport revoked, and tax refunds intercepted. If the non-custodial parent is found to have willfully and voluntarily failed to pay a child support order, he or she may be jailed  for up to six months for contempt of court.

A change is the child’s living arrangements may also justify a modification to the original support order. If the child begins to live with the non-custodial parent on a increased, long-term basis; it may result an increased cost of living for that parent, and a modification may be justified. It is so important to get good legal advice by licensed attorney in your state when dealing with support issues. The outcome of the order will have long-term effects on the entire family for your child’s lifetime.

If you live in the Upstate NY area, please feel free to Contact us with any questions you may have about your child support case by using the above link or calling our office at 315-701-2939.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.