Patrick M. Noe, Jr., Attorney at Law Criminal Defense & Family Law Attorneys in Buffalo & Amherst NY2024-03-11T20:57:56Zhttps://www.lawfirm-newyork.com/feed/atom/WordPressOn Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478552024-03-07T21:58:56Z2024-03-11T20:57:56ZLength of marriage
The duration of the marriage plays a big role in determining alimony. Generally, longer marriages may result in more extended support obligations.
Income disparities
The court examines the income and earning potential of both spouses. If there is a large difference in income, the court may require the higher-earning spouse to provide for the one who is earning much less.
Standard of living
Maintaining the standard of living established during the marriage is an important consideration for the court. The goal is to ensure that both parties can continue to live reasonably comfortably post-divorce.
Health and age
The court evaluates the health and age of each spouse to determine their ability to care for themselves financially. Health issues or advanced age may impact one's ability to work and earn income.
Child custody and support
The court considers child custody and alimony arrangements if there are children in the marriage. The need to provide for their welfare may influence the total amount of spousal support.
Other relevant factors
The court may also take into account other relevant factors, such as the education level of each spouse, their contributions to the marriage, and any prenuptial agreements.
While there is no one-size-fits-all approach to spousal support, the court aims to ensure that both spouses can maintain a reasonable standard of living following a divorce or separation.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478532024-02-27T20:19:23Z2024-02-28T20:19:13ZThe impact of child custody
One significant factor that can influence who keeps the family home is child custody. When there are children to consider, courts prioritize their well-being above all else. In many cases, the parent who receives primary physical custody of the children may also keep the family home. This decision aims to provide stability and continuity for the children, allowing them to remain in a familiar environment during a period of significant change.
Consideration of the child's preferences
The preferences of the children themselves can also play a role in determining who keeps the family home. While the ultimate decision rests with the court, judges often take into account the desires of older children. If a child expresses a strong preference to stay in the family home with one parent, the court may take this into consideration when making its decision.
Financial considerations
Financial factors also come into play when determining who gets to keep the family home. Courts may consider each spouse's financial situation, including their income, assets and ability to maintain the home independently.
Negotiated agreements
In some cases, divorcing couples may be able to reach a mutually agreeable solution regarding the family home without court intervention. Through negotiation and mediation, spouses can work together to come up with a fair and equitable division of assets. This approach allows couples to maintain greater control over the outcome of their divorce and can often lead to more satisfactory arrangements for both parties involved.
Colorado is an equitable distribution state, meaning that the fate of the family home may depend on what the court views as the most fair and equitable outcome. However, you and your soon-to-be ex-spouse can work together to find a solution that works best for your family's unique situation.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478512024-02-21T03:38:49Z2024-02-27T03:38:40ZPros of a default divorce
One benefit of a default divorce is efficiency. Divorce proceedings can move forward without the back-and-forth negotiations that typically slow down the process.
Also, default divorces typically cost less than contested divorces. Since there tend to be fewer court appearances and less paperwork, the price tag of ending a marriage is usually much lower. Any financial advantage is especially desirable for individuals looking to start a new life.
Further, the filing spouse has more control over the terms of the divorce agreement, including asset division, child support and custody arrangements. This power can ensure that the settlement's terms match one's needs and desires.
Cons of a default divorce
On the other hand, the other spouse's lack of participation sometimes leaves unresolved issues or emotions. This lack of closure can be challenging for some, subsequently impacting their ability to move on.
A default divorce might leave the nonresponding spouse feeling like the subject of unfair treatment. This could lead to future legal entanglements if the ex wants to dispute the terms of the agreement after the fact.
While being able to set the divorce conditions is beneficial, it comes with the responsibility of ensuring a fair settlement. There is a risk of proposing terms heavily skewed toward oneself, which might not stand up if the other spouse chooses to contest the matter.
A default divorce offers a path forward when a spouse is unreachable or cannot participate in the divorce process. Despite this, understanding all the angles of what this legal maneuver means remains necessary.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478492024-02-06T19:30:58Z2024-02-12T19:30:50ZAcknowledgement and support
Property division can evoke a wide range of emotions, such as anger, resentment, sadness or fear. It is vital to acknowledge and accept these feelings, as they are a natural response to a significant life change. Give yourself permission to grieve the loss of your relationship and the future you had envisioned.
During this difficult time, try to lean on your support system, such as close friends or family members. Talking about your emotions can help alleviate some of the burdens you may be carrying. Surround yourself with people who can offer a listening ear and provide unbiased advice.
Focus on your needs
According to the New York Courts, courts use equitable distribution to divide property in this state. This means that courts go over various factors when deciding how to divide property, and it is not necessarily split evenly between parties. When it comes to property division, identify your needs and priorities. Reflect on what truly matters to you and what will contribute to your future happiness and stability. By focusing on your own needs, you can better advocate for yourself during negotiations and make decisions that align with your long-term goals.
Open and honest communication with your ex-spouse is vital during property division. Although it may be challenging, strive to maintain a respectful and calm demeanor. Remember, taking care of your emotional well-being is just as important as addressing the legal and financial aspects of the divorce.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478472024-01-25T17:04:26Z2024-01-29T17:03:03ZPreschool and Early Elementary Age (2-8 years)
For younger children, simplicity is key. Use age-appropriate language and focus on reassuring them that both parents still love them. Emphasize that the divorce is not their fault and that you will always be there to take care of them. Maintain a sense of routine to provide stability during this change.
Late elementary and middle school age (9-13 years)
Older children can grasp more complex explanations. Be honest about the decision, but avoid sharing unnecessary details. Reassure them of your ongoing love and involvement in their lives. Encourage open communication, allowing them to express their feelings. Reiterate that the divorce is not a reflection of their worth.
High school age (14-18 years)
Teenagers can handle more detailed discussions. Be straightforward about the reasons while emphasizing your commitment to their well-being. Allow them to participate in decisions that affect their lives, fostering a sense of control. Encourage them to express their emotions and maintain open communication throughout the process.
Adult children
For adult children, the approach should be one of respectful transparency. Share the news directly and provide information about the practical aspects of the divorce. Acknowledge their autonomy while expressing your desire for ongoing connection and support.
Key considerations for all ages
No matter how old they are, your divorce will affect your children.
Choose the right time and setting. Select a quiet and private setting to have the conversation. Choose a time when everyone can engage without interruptions, allowing for a focused and supportive atmosphere.
Present a unified front. If possible, both parents should be present to present a united and supportive front. This shows a collaborative effort and emphasizes the ongoing commitment to co-parenting.
Emphasize love and support. Reassure your children that your love for them remains constant. Emphasize your commitment to supporting them emotionally and practically throughout the divorce process.
Allow emotional expression. Encourage your children to express their emotions and validate their feelings. Let them know it's okay to feel a range of emotions, and you are there to support them.
Approach the conversation about divorce with care and consideration.
Your composure matters
Maintaining a calm and positive demeanor when sharing news of divorce with your children reassures them, reduces anxiety and fosters an open environment for communication. Positivity during this discussion helps children perceive the situation with greater stability and minimizes potential negative emotional impacts.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478452024-01-11T20:42:19Z2024-01-15T20:41:26ZAbility to provide for child's needs
If the parent seeking custody modification has a substantial improvement in their ability to provide a safe and supportive environment for the child, then it could be the basis for change. Judges assess the parent's capacity to meet the child's educational, emotional and health-related needs.
Involvement in child's life
Courts favor parents who actively participate in their child's upbringing. If a parent demonstrates they are consistently involved in the child's education, extracurricular activities and overall well-being, it can be a significant factor for modification. The court typically prioritizes allowing for meaningful relationships between the child and both parents.
Significant changes in circumstances
Changes in employment, residence or personal relationships may be sufficient grounds for modification if they directly impact the child's well-being. The court typically assesses whether the proposed changes align with the child's best interests and if they significantly improve the overall environment for the child.
Child's preferences
The child's preferences and their ability to express their desires could also lead to a modification. As children get older, the court puts more weight on their preferences. A child who wishes to alter custody arrangements can communicate that to the court for consideration.
Life changes can have an impact on child custody agreements. The various factors may lead to situations that are much different than when the court originally made the order. Understanding the factors that may lead to a custody modification can help parents to better work together for an arrangement that suits everyone.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478432024-01-02T23:37:26Z2024-01-02T23:37:26ZCredit details
The Noncustodial Parent Earned Income Credit is a state-level program that provides recognition of the financial responsibilities of noncustodial parents. It acknowledges their contributions to their children's upbringing. The NCP EIC complements the federal Earned Income Tax Credit to extend its reach to noncustodial parents.
Credit qualifications
To qualify for the NCP EIC, the noncustodial parent must have earned income within specific thresholds, which vary annually. Individuals must be at least 18 years old and a full-year resident of the state. They must have a child who they support who does not live with them and who is under the age of 18.
People claiming the credit cannot have claimed the state earned income credit and must have had a court order for at least six months of the year for child support. Lastly, only those who are current on child support payments may claim the credit.
Amount of the credit
The amount of the NCP EIC depends on the noncustodial parent's earned income and the number of qualifying children. The guidelines use the federal EIC to determine the amount of the credit.
Noncustodial parents should be aware of the NCP EIC and understand how it can positively impact their financial situation. Filing taxes with the inclusion of this credit can result in a reduction of the overall tax liability, providing much-needed relief to noncustodial parents who are actively fulfilling their responsibilities.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478412024-01-02T23:36:00Z2024-01-02T23:36:00ZConsideration of preferences
Courts aim for an appropriate balance between respecting a juvenile's wants and making decisions that serve their best interests. While a precious one's wishes deserve consideration, they are not the sole determinant in a judge's calculation. Courts weigh various elements of the situation, including the child's psychological and physical wellness, the appropriateness of potential living arrangements and the ability of each parent to provide a supportive environment.
Age and emotional development
When assessing an offspring's inclinations, the justice system accounts for the dependent's years and maturity level. Older children are generally more capable of expressing their desires and reasoning. Courts also consider a child's ability to comprehend the implications of their decisions.
Stability and routine
Child custody judges often place a premium on maintaining stability and routine, as consistency contributes to a youth's sense of security. Thus, the court may rethink whether a child's first choice aligns with that goal.
Custody evaluators
In 5% of all child custody cases, the court appoints a guardian ad litem or custody evaluator to make an assessment. When one does play a role, this impartial third party provides the court with extra insights that help ensure a fair and well-informed resolution.
While a child's desires hold significance in custody determinations, family courts assume a comprehensive approach. By applying a balanced assessment, the justice system creates custody arrangements that support the growth and happiness of our most precious citizens.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478392023-12-18T19:39:21Z2023-12-18T19:39:21ZAsset division
The longer the marriage, the more intertwined the financial lives of the spouses tend to be. As a result, the division of assets in a lengthy marriage may be more intricate, involving a broader range of properties, investments and financial accounts.
Contributions
In Buffalo, the median household income is $46,184. That can drop after a divorce. The contributions, both financial and nonfinancial, each spouse made during the marriage can influence the financial settlement. In a long-term marriage, the court may take into account the years of joint effort and shared responsibilities. This may lead to a more nuanced evaluation of each spouse's financial contributions and sacrifices, potentially affecting the distribution of assets and alimony decisions.
Unique circumstances
While the length of the marriage is a significant factor, it is important to note that every divorce case is unique. Courts consider various factors beyond just the duration of the marriage, such as individual financial circumstances, standard of living and earning capacities.
For example, earning capacity reflects an individual's ability to generate income based on their skills, education, training and work experience. In a divorce, if there is a significant income disparity between the spouses, and one spouse has a lower earning capacity, the court may be more inclined to award spousal support.
Therefore, while the length of the marriage can be a major factor, it is not the sole determinant of the financial settlement in a New York divorce.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Lawhttps://www.lawfirm-newyork.com/?p=478372023-12-07T19:12:25Z2023-12-07T19:12:25ZCommunity property states
When a couple divorces, courts in community property states consider all assets acquired during the marriage, regardless of who earned them, to be joint property. In these states, spouses are equal partners in the marriage, and upon divorce, the court generally divides the assets between them. These assets include both financial gains and debts incurred during the marriage, ensuring an equal split.
Equitable division states
Equitable division states adopt a more flexible approach by focusing on fairness rather than strict equality. When dividing assets, the court considers the following factors:
The goal is to treat both parties fairly, based on each’s circumstances. This strategy can be beneficial to women, who on average make only 83.7% of what men earn working full-time and often do more unpaid labor at home.
Impacts on divorce proceedings
Understanding that New York is an equitable division state is one of the first steps in navigating divorce proceedings. In community property states, each spouse has an automatic claim to half the marital assets, simplifying the division process. Conversely, in equitable division states, the court has more discretion, and the outcome may not result in a 50-50 split.
Individuals divorcing in New York should prepare themselves for a more intricate negotiation process than they might experience in other parts of the country.]]>