Patrick M. Noe, Jr., Attorney at Law Criminal Defense & Family Law Attorneys in Buffalo & Amherst NY2026-07-10T13:16:54Zhttps://www.lawfirm-newyork.com/feed/atom/WordPressOn 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.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[How does New York decide legal custody versus physical custody?]]>https://www.lawfirm-newyork.com/?p=480952026-05-14T08:52:12Z2026-05-14T08:52:12ZWhat does legal custody mean?
This authority allows a parent to make major choices for the child. These decisions may include:
Education choices
Major medical care
Religious upbringing
Mental health treatment
Long-term extracurricular commitments
Courts may allow both parents to share this authority when they can communicate and make choices together. If cooperation is not realistic, the court may give that authority to one parent. Sharing decision-making authority does not always mean the child spends equal time in both homes. It focuses on decision-making, not the parenting schedule.
What does physical custody mean?
Also called residential custody, this addresses where your child lives and who handles daily care. This arrangement covers daily decisions, which may include:
Bedtime routines
Homework schedules
Transportation
Meals and clothing
Day-to-day activities during parenting time
One parent may provide the primary residence while the other has scheduled parenting access. Parents may also share a residential schedule if the arrangement gives each household substantial involvement.
Documenting current daily routines can help demonstrate how the child’s schedule actually functions. These details may also help explain why a proposed schedule supports the child’s needs.
How courts review custody issues
New York courts base these determinations on the child’s best interests. Judges do not rely solely on parental preference. They review the child’s needs, each parent's role in daily care and their ability to provide a stable, safe and consistent environment.
The residential schedule can also affect child support. If one household has the child most of the time, the other party may have a payment obligation. If parenting time is evenly shared, courts determine child support based on the case’s specific facts. The judge may still designate one parent as the custodial parent for this purpose. This sometimes results in the higher-earning parent paying support.
Building clarity before disputes arise
A workable custody arrangement should leave little room for interpretation. Clear terms about authority, exchanges, notice requirements and communication methods can reduce future conflict and make the order easier to follow.]]>by Patrick M. Noe, Jr., Attorney at Law<![CDATA[Smart co-parenting tips for families in New York]]>https://www.lawfirm-newyork.com/?p=480872026-05-06T12:11:33Z2026-05-06T08:41:49ZPrioritize the child’s best interests
Successful co-parenting begins with a shared focus on putting your child’s needs first. All the decisions should favor the child’s emotional and physical well-being. With the right co-parenting, even in this difficult phase, a child can still thrive.
Maintain clear and respectful communication
Effective communication is essential in co-parenting. Keep discussions focused on the child and avoid bringing personal disagreements into conversations. Keep the conversations purposeful and avoid unnecessary discussion.
Avoid conflict in front of your child
Children can be deeply affected by constant tension between parents. It's better to avoid arguments and negative comments about the other parent in front of children. A peaceful and respectful relationship between the divorced parents helps the child feel secure and supported.
Follow the custody agreement
Following the child custody order helps maintain a stable environment for the child. If challenges come up, address them together rather than making unilateral changes.
Be flexible when needed
Life cannot always follow a rigid schedule. Being flexible and open to appropriate adjustments can make co-parenting easier. Flexibility can help in resolving minor conflicts before they become bigger. However, boundaries should be there to protect the structure of the custody agreement.
Keep detailed records
Maintaining records of all communications, schedules and vital decisions helps in maintaining clarity and providing documentation if any issues arise.
Final thoughts
Co-parenting requires patience, mutual respect, clear communication and prioritizing children’s well-being. With the correct approach and experienced legal support when required, parents can create a stable environment for the child and avoid unnecessary conflicts.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[How are debts divided in a New York divorce?]]>https://www.lawfirm-newyork.com/?p=480852026-04-23T16:25:36Z2026-04-23T16:25:36ZIdentifying marital debt
Generally, any financial obligation incurred by either spouse from the date of marriage until the divorce process begins is considered marital liability. This applies even if only one spouse’s name appears on the account. For example, if you used a credit card in your name to pay for groceries or household repairs during the marriage, a court will likely treat that balance as a marital obligation. A car loan taken out during the marriage for a family vehicle typically falls into this category as well.
Separate debts are those that you or your spouse incurred before the marriage or after the divorce begins. This may include a student loan taken out prior to the wedding or new loans made after filing the divorce papers.
In addition, the court may assign obligations tied to clearly non-marital purposes, such as gambling arrears, differently depending on the circumstances.
How courts divide financial obligations
New York uses equitable distribution for both marital property and marital debt. Courts aim for a fair, but not necessarily equal, split of financial responsibilities from the marriage.
Courts consider several factors when deciding how to divide marital debt. These may include each spouse’s income and property, your financial and non-financial contributions during the marriage and your ability to pay the amount owed after the divorce.
It is important to note that a court’s allocation of these financial commitments does not change your agreement with a creditor. If an account lists both spouses, a lender may still seek payment from either party, regardless of how the court divides liability.
Plan for obligations beyond the judgment
The division of liabilities does not end with a court order or agreement. Ongoing responsibility, creditor rights and financial planning all continue to affect your situation after the case concludes. Reviewing account statements, identifying joint versus individual obligations and understanding how each debt arose can help you avoid unexpected financial strain later.]]>On Behalf of Patrick M. Noe, Jr., Attorney at Law<![CDATA[How do you tell your young children you are getting a divorce?]]>https://www.lawfirm-newyork.com/?p=480802026-04-14T12:39:43Z2026-04-14T12:39:43ZWhen and where should you have the conversation?
Timing and setting matter significantly when breaking this news to your children. You should consider having both parents present if possible, as this shows unity in your decision and reassures children that both parents remain committed to them. You may want to choose a quiet weekend when you will not be rushed and your children won't need to head off to school the next day.
It might help to pick a familiar, comfortable location in your home where your family often gathers. This creates a sense of safety during an uncomfortable discussion. Make sure you have time afterward to answer questions and provide comfort without the pressure of other obligations looming.
What should you say?
It might be best to keep your explanation simple and age-appropriate. Young children do not need to know all the details about why you are divorcing. You might say something like, "Mom and Dad have decided we are going to live in different houses, but we both love you very much and that will never change."
You might also want to avoid blaming your spouse or sharing adult problems that led to the divorce. Your children should not feel caught in the middle or forced to take sides. Instead, focus on what will stay the same in their lives and reassure them that the divorce is not their fault. Even if your marriage ends, emphasize that your roles as their parents continue forever.
It might also help to be prepared for a range of reactions. Some children cry immediately, while others seem unfazed at first. Both responses are normal. It would be best to answer their questions honestly but simply. Let them know it is okay to feel sad, angry or confused.
Moving forward together
Remember that this conversation is just the beginning of an ongoing dialogue. Your children might have more questions as they process the information over the coming days and weeks. You may want to keep communication lines open and consider seeking support from a family therapist who specializes in helping children navigate divorce.
Your patience and reassurance during this transition will help your children adjust to their new normal with greater resilience and security.]]>