Patrick M. Noe, Jr., Attorney at Law Criminal Defense & Family Law Attorneys in Buffalo & Amherst NY2026-09-03T16:22:57Zhttps://www.lawfirm-newyork.com/feed/atom/WordPressOn Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[Who pays for extracurricular activities after divorce?]]>https://www.lawfirm-newyork.com/?p=481242026-09-03T16:22:57Z2026-09-03T16:22:57ZHow New York treats these expenses
Under New York law, extracurricular activities generally fall within the basic child support obligation. They are not automatically treated as separate add-on expenses. A court may require a parent to contribute to extracurricular expenses beyond basic child support in appropriate circumstances, but the court generally must explain the basis for that deviation from the standard child support calculation. The court may consider the child’s needs, the parents’ finances and the nature of the activity.
What parents should address in a divorce agreement
Addressing extracurricular activities in the divorce agreement can reduce uncertainty about who pays and when parents need approval. The agreement can explain:
Which activities parents will share
Whether both parents must agree before enrollment
How parents will divide the cost
Whether the parents will set a spending limit
Who will pay for equipment, uniforms, travel and registration fees
The agreement can also explain how parents will handle a new activity that one parent wants the child to start.
Why the wording matters
The exact terms of a divorce judgment or settlement agreement can affect each parent’s financial responsibility. For example, an agreement may require parents to share the cost of certain activities even when those expenses do not receive separate treatment under the standard child support calculation.
Parents should read their agreement carefully before assuming that the other parent must reimburse an expense. They should also keep records of payments and discuss major expenses before enrolling a child.
Clear terms can help parents avoid disputes over extracurricular costs. Specific terms can clarify which expenses require advance approval, how costs will be divided and whether a spending limit applies.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[Can you get child support from an unemployed parent?]]>https://www.lawfirm-newyork.com/?p=481222026-08-21T11:28:25Z2026-08-21T11:28:25ZHow is child support calculated during unemployment?
New York family courts use several tools to set and collect child support when a parent does not have a job:
Unemployment benefits garnishment: If the other parent gets New York State Unemployment Insurance (UI), those payments count as income. The Support Collection Unit (SCU) can take child support straight out of their weekly unemployment checks.
Imputing income: If a judge finds that a parent quit, was fired for cause or is choosing not to work, the court can "impute" income. This means the judge calculates support based on what the parent should be earning based on their work history, skills, education and local job market.
Statutory minimum orders: If a parent has almost no income or assets, state law sets a basic minimum payment so back support keeps accumulating. If a parent has minimal income or assets, state law mandates a basic minimum support payment of $25 per month for income below the federal poverty level and $50 per month for income below New York's self-support reserve.
Court-ordered job searches: Judges often order unemployed parents to join job-training programs and turn in proof of active job applications.
In New York, child support payments officially begin on the date you file your petition in family court. Filing early ensures that back payments start building up right away.
Protecting your child’s financial rights
If the other parent is unemployed, child support may still be available through income from benefits, imputed earnings or a minimum order. The exact amount and enforcement method depend on the facts of the case and the court’s findings. Reviewing the parent’s employment history and current income can help clarify the options.
]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[How wasting assets affects property division in divorce]]>https://www.lawfirm-newyork.com/?p=481192026-07-31T14:12:36Z2026-07-31T14:12:36ZThe court may account for wasted marital assets
New York courts use equitable distribution to determine asset allocation. That system looks at how New York divides marital property instead of splitting everything 50-50 by default. If one spouse uses shared money in a way that appears unfair, secretive or unrelated to the marriage, the court may treat that conduct differently from ordinary spending.
What conduct may count as marital asset dissipation?
Not every purchase or bad financial choice qualifies. A spouse usually must show more than simple overspending. The key question is whether the spouse used marital property and whether it served a purpose unrelated to the marriage. Examples may include:
Transferring funds without explanation
Excessive gambling or luxury spending
Using marital money to support an affair
Destroying or concealing valuable property
These facts matter because the court may adjust the overall asset division to account for the lost assets.
Financial records can show asset dissipation
Bank statements, credit card records, business documents and timelines matter in these disputes. A spouse who suspects dissipation may need to show when the money disappeared, how the other spouse spent it and why the court should count it in the property division.
Hidden or wasted assets may also affect support, debt allocation and the total value of the marital estate. A divorce lawyer can help trace financial records, and other divorce-related financial issues may also overlap when property, support and financial misconduct affect the outcome.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[What happens to retirement accounts in divorce?]]>https://www.lawfirm-newyork.com/?p=481162026-07-31T08:04:52Z2026-07-31T07:46:20ZHow New York classifies retirement funds
Money you saved before your marriage stays yours. The basic growth on that pre-marital money also stays yours. However, new deposits made during the marriage or growth from active investment choices during the marriage get divided. Courts separate retirement assets into a few simple categories:
401k and 403b plans get split based on the dollar amount added during the marriage.
Pensions pay a monthly check later in life based on a set legal formula.
A clear accounting calculation determines the exact portion belonging to the marriage.
The role of a QDRO in account division
Splitting a work retirement account takes a special court document called a Qualified Domestic Relations Order. A QDRO tells the company managing the plan to send part of the money straight to the other spouse.
This step moves the money smoothly without triggering early withdrawal penalties. Without a QDRO, early withdrawals draw a 10% penalty according to the Internal Revenue Service guide on early distributions.
Tax consequences to avoid during transfer
Direct account transfers protect your balance from immediate income tax. Withdrawing cash to pay your ex-spouse creates tax debt and heavy fines. Trading assets offers another option. You can keep your entire retirement balance if you give up an equal share of another asset, like home equity or cash savings.
Secure your post-divorce financial future
Protecting your life savings requires careful attention to every detail. Direct legal guidance on your file helps ensure your financial rights stay safe throughout the process. Contact an attorney today to discuss how to safeguard your retirement accounts.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[Does job loss temporarily end child support?]]>https://www.lawfirm-newyork.com/?p=481142026-07-10T13:16:54Z2026-07-10T13:16:54ZA child support order usually remains in effect
Job loss does not automatically pause or end a child support order. Your current obligation often stays in place until a court approves a change. If you stop making payments without court approval, unpaid amounts continue to build and become past-due support. You may still owe those past-due amounts even after your financial situation improves.
Moreover, courts look closely at the circumstances surrounding your unemployment. In New York, they also generally consider whether your reduction in income was involuntary and whether you made diligent efforts to find comparable work.
Steps to seek lower child support payments
If your income has fallen because of an involuntary job loss, asking the court to review your order is often the next step. Acting promptly can protect your interests because an approved reduction typically takes effect from the filing date rather than the date your employment ended. Key actions include:
File a petition asking the court for a downward modification.
Gather documents that show your job loss was involuntary, such as a termination letter.
Provide records of unemployment benefits, if applicable.
Continue paying as much as you reasonably can while your request remains pending.
Other legal standards may also apply to your situation. State guidance explains that you may request a modification because of a substantial change in circumstances or, in some cases, other grounds allowed by law.
Child support decisions depend on the facts
Every request for modification depends on its own facts. The reason for your unemployment, the records you provide and your efforts to find comparable work can influence how the court evaluates your request.
Organizing complete records before seeking a modification may strengthen your petition. With legal guidance, you can better identify documents that support your petition and address questions before the court reaches a decision.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[Summer break travel and child custody: Things to know in New York]]>https://www.lawfirm-newyork.com/?p=481102026-06-29T17:39:39Z2026-06-29T17:39:39ZCan you take your child out of New York?
While a child might spend every other weekend with a non-custodial parent during the school year, summer break is a different territory. In most New York custody agreements, regular and vacation schedules are usually distinguished. If you want to travel with your child out of the state, it is possible if you comply with any travel restrictions laid out in the court-approved document. This would generally require you to provide your coparent with:
An advance notice
A full itinerary of travel (including contact numbers and travel details)
Prompt access to the child's passport
Failing to comply with a court order or parenting agreement might lead to legal disputes or enforcement proceedings. However, If your agreement lacks a specific summer clause, it is important to continue the routine. Summer schedules often involve more than vacations. Childcare agreements, including summer camps, can also become a source of disagreement between co-parents.
Summer camp expenses
Under New York law, a summer camp could be treated as an add-on childcare expense in certain circumstances, depending on the applicable child support order and the family’s situation. Therefore, both parents would have to contribute to this cost proportionate to their income according to the Child Support Standards Act (CSSA).
Protect your child’s summer
New York courts see a massive increase in custody disputes during the summer season. If your co-parent is not cooperating with your summer plans by ignoring deadlines, withholding the child’s passport or refusing to pay their share of summer camp expenditures, seek legal guidance to understand your options available and to ensure your child enjoys a stress-free season.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[Who gets pet custody in a divorce?]]>https://www.lawfirm-newyork.com/?p=481072026-06-17T14:18:12Z2026-06-17T14:18:12ZFactors affecting pet custody decisions
New York courts might consider the pet’s overall well-being or best interest when determining which spouse should retain ownership of the animal following a divorce. Therefore, if you are facing a dispute, it is important to know the different factors a court weighs in determining custody. Some of the common factors that affect pet custody include:
Primary caregiver: The court might look into who handled the pet’s primary needs such as feeding, grooming, walks and veterinary visits before giving a verdict.
Financial ability to provide care: The court might analyze each spouse's ability to take care of ongoing expenses, veterinary visits and emergency medical care needed for the pet before giving a judgment.
Bond with pet: The depth and emotional connection between the spouses and the pet plays a significant role in the custody decisions.
Work and travel schedules: The court often reviews the work hours and travel schedules of partners to ensure the pet will not be kept alone for an extended period.
Relationship with children: If children are involved, the relationship the pets and children share could be prioritized while making a decision.
Historically, a pet is considered personal property or as "chattel.” However New York law takes care to avoid simply viewing pets as ordinary property. The statutory “best interests” standard applied in divorces is generally applicable to companion animals. Livestock and farm animals are generally excluded from these specific standards.
Protecting the relationship with your pet
When determining pet custody, the amount of time and money invested, emotional energy poured into caring for the pet could be taken into consideration while making a decision. As courts might consider a variety of factors while determining who should have custody, it can be helpful to review your circumstances carefully and understand the legal options available.]]>by Patrick M. Noe, Jr., Attorney at Law<![CDATA[Costly financial mistakes to avoid during divorce]]>https://www.lawfirm-newyork.com/?p=481032026-06-12T12:57:26Z2026-06-12T12:37:20ZMistake 1: Forgetting about the tax consequences of asset division
A common financial mistake during divorce is assuming that assets with the same stated value are worth the same. In reality, taxes can affect the amount a person ultimately receives. Cash savings, retirement accounts, stocks and real estate often carry different tax consequences.
Retirement funds may be subject to taxes when withdrawn, while stocks and real estate may create capital gains taxes when sold. As a result, assets that appear equal may not provide the same financial benefit.
Under New York’s equitable distribution rules, considering the after-tax value of assets can help create a more accurate and fair financial outcome.
Mistake 2: Overlooking long-term housing and living costs
Many people want to keep the family home because it feels familiar, especially for children. However, keeping a home also means paying the mortgage, property taxes, insurance and maintenance costs.
Future expenses also matter. After a divorce, costs for housing, food, transportation and health care may be higher than expected. A home may offer comfort, but it should also fit within long-term financial plans. Careful planning can help prevent financial stress later.
Mistake 3: Hiding financial information and refusing to compromise
Hiding assets or leaving out financial information can cause serious problems during divorce. This may include failing to report bank accounts, income or other assets. Courts require full financial disclosure, and hidden assets can lead to penalties and more disputes.
A lack of compromise can also increase the time and cost of divorce. Ongoing disagreements often lead to higher legal fees and fewer assets available for division.
Protecting your financial future
Financial mistakes during divorce can affect financial security long after the process ends. Taxes, hidden assets, future costs and property disputes can reduce what a divorce settlement is truly worth. Working with a divorce attorney can help address financial issues in divorce and guide important decisions. The choices made during divorce can affect financial security for years to come.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[Can your child pick which parent to live with?]]>https://www.lawfirm-newyork.com/?p=481012026-06-09T16:13:30Z2026-06-09T16:13:30ZYour teenager announces they want to live with your ex, and suddenly it can feel like the decision is out of your hands. In New York, though, a child does not simply get to pick which parent to live with, which for many worried parents is a quiet relief. Here is how the court actually treats your child's wishes during a custody dispute.
There is no magic age in New York
Despite what you may have heard, New York sets no age at which a child chooses their arrangement. Instead, a judge decides custody based on the best interests of the child, and your child's preference is only one of the factors a judge weighs. Stability, each parent's involvement, the child's developmental needs and your child's bond with each of you matter too.
How a judge actually hears your child
To keep children out of the crossfire, a judge often appoints an Attorney for the Child, a lawyer who represents your child and shares their views instead of putting them on the stand. The judge may also hold a Lincoln hearing, a private talk with your child in chambers where neither parent attends, so your child can speak honestly without choosing sides in front of you or feeling responsible for the outcome.
What gives a child's wishes more weight
Age and maturity matter most, so the closer your child is to 18, the more seriously a judge takes their preference, though it never becomes the final word while they are a minor. A judge also weighs the reasons behind the wish, since a preference rooted in one parent's loose rules or bigger house generally counts for less than one tied to genuine wellbeing, emotional stability or a healthier daily routine. Knowing what guides a custody decision helps you focus on what matters to the court.
Why coaching your child can backfire
Wanting your child on your side is natural, but pressuring or scripting them usually backfires, because judges and attorneys can often spot a rehearsed child and may view that pressure as harmful parental behavior. The better path is to reassure your child that the grown-ups, not them, carry this decision; courts notice the parents who shield their children from conflict instead of pulling them deeper into it.
What this means for you
If your child has voiced a strong preference, you are not powerless; it sits inside a bigger picture the court weighs carefully. The most useful next step is to write down what your child has said and why, then discuss it with a New York family law attorney who can present those wishes properly within the broader custody analysis. That keeps the focus where it belongs, on your child's wellbeing rather than forcing a choice they should not have to carry alone.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[Navigating child support and the SUNY Cap in New York]]>https://www.lawfirm-newyork.com/?p=480992026-05-25T13:58:21Z2026-05-25T13:58:21ZThe SUNY cap coverage
While the SUNY cap is not required by New York law, it usually limits college support to the following:
SUNY-level state tuition and fees
On-campus room and board
Book and supply costs
A judge looks at both your incomes, assets and debts to calculate the amount. Additionally, courts may also consider a child’s scholarships and grants to split costs fairly. The cap can apply even if your child attends a private or out-of-state school.
The room and board credit
Since the SUNY cap generally covers room-and-board payments for local colleges, these expenses may be deducted from the child support you receive. The credit exists to prevent a double housing and food allowance for you child.
However, the room and board credit only applies if it does not reduce support owed for your other children. Moreover, you both need to incorporate the credit into your parenting agreement for it to work.
What coparents can do
Navigating the SUNY cap requires proactive planning to help parents avoid future legal disputes and financial shortfalls. You can both have the cap adjusted based on your incomes or by placing a specific provision in your separation agreement.
Other ways to both plan ahead include establishing 529 college savings plans and openly communicating about how much tuition each party can cover. Agreeing on these terms can help ensure your child has the necessary resources for higher education while maintaining your financial stability.
Protecting your child’s future
Proper and early planning helps you ensure that the SUNY Cap is just a factor in your child support payments and not a barrier to their dreams. Consulting a legal professional can help you adjust your current separation agreement to address your specific circumstances.]]>