Secondary real estate can represent both significant equity and deep emotional attachment for many families. Whether it is a summer cottage along Lake Erie, a Finger Lakes retreat, or an investment rental property, these assets require a different approach than the...
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Amherst New York Family Law Blog
What does an attorney for the child do in New York?
In New York, an attorney for the child represents the child in a custody or visitation case and advocates for the child’s position during the court process. This lawyer does not serve as a neutral evaluator for the parents or the judge. How the attorney represents the...
Does New York child support stop at $193,000?
You earn $120,000 a year, your spouse earns $80,000 and a divorce with two kids is ahead. You may have heard that New York child support stops counting income at a certain point. That is only half true, so here is how the cap works and what happens to the income above...
How is home equity divided in a New York divorce?
In a New York divorce, the family home can be one of the biggest financial issues. The court first decides whether the home is marital or separate property, then values the equity and decides how to divide it under New York’s equitable distribution law. Is the home...
How is a divorce settlement enforced in New York?
A divorce settlement can resolve major financial and parenting issues, but problems may arise when one spouse does not follow the agreed terms. What happens if your former spouse refuses to transfer property, make a required payment or complete another obligation? New...
Can you get child support from an unemployed parent?
Raising a child takes significant resources. When a non custodial parent loses their job, you may wonder: Can you still get child support from an unemployed parent in New York? The short answer is yes. Under the New York Child Support Standards Act (CSSA), both...
How wasting assets affects property division in divorce
In a New York divorce, wasting assets, known as “wasteful dissipation,” happens when one spouse uses marital assets for personal purposes unrelated to the marriage or spends them recklessly as the marriage moves toward divorce. A judge may consider that conduct when...
What happens to retirement accounts in divorce?
Retirement savings often represent your largest asset after a home. In New York, funds added to a 401k, pension, or IRA between your wedding day and the date you file for divorce belong to both spouses. Courts split these accounts based on fairness rather than an...
Does job loss temporarily end child support?
Losing a job can quickly disrupt even a well-planned financial routine. Child support may become a pressing concern because the existing order usually continues despite a change in employment. If you recently became unemployed, you might wonder whether your monthly...
Summer break travel and child custody: Things to know in New York
Summer often brings changes to parenting schedules, vacation and childcare agreements. For co-parents in New York, proper planning can help reduce misunderstandings and avoid custody disputes during school break. Can you take your child out of New York? While a child...

