Can a Parent Travel with Young Child Abroad Over Custodial Parent’s Objections?
One issue that may come up in custody cases is whether a nonresidential parent has ability to take a child abroad during his or her period of visitation. It is not uncommon for a residential parent to...
View ArticleChanges in Temporary Maintenance and Child Support Statutes
Because of the language in the statute providing for cost of living adjustments, temporary maintenance guidelines income cap was raised from $500,000 to $524,000. The “cap” on each spouses annual...
View ArticleFuture Changes to Spousal Maintenance
When New York Legislature passed the “no-fault” divorce statute in 2010, it created a formula for calculating temporary spousal maintenance under DRL §236[B]5-a. However, it did not set forth a formula...
View ArticleUpdate on Duration of Maintenance
When New York Legislature passed the “no-fault” divorce statute in 2010, it created a formula for calculating temporary spousal maintenance under DRL §236[B]5-a. However, it did not set forth a formula...
View ArticleStandard of Living, Diminished Income, Spousal Maintenance and Child Support
The courts in New York have had some difficulty dealing with situations were a claim of recently diminished income has been presented to the court in response to a temporary spousal support...
View ArticleTemporary Maintenance and Payment of Additional Expenses by Monied Spouse
One issue that comes up fairly often in divorce cases is the issue of whether the monied spouse who is paying temporary maintenance is also responsible for additional expenses incurred by the...
View ArticleTerminating Spousal Support Provisions After Divorce Due to Change In...
In New York, spousal support, also sometimes referred to as “alimony” or “spousal maintenance” can be granted in a divorce case to either spouse by the court pursuant to Domestic Relations Law §236....
View ArticleNew York Legislature Passes New Statute Modifying Temporary and Post-Divorce...
On June 24, 2015, the New York State Senate passed Bill A7645-2015 which modified the duration and amount of temporary and post-divorce spousal maintenance. The bill passed the State Assembly on June...
View ArticleNew Temporary Spousal Maintenance Provisions are Now In Effect
I have previously written about upcoming changes to New York’s spousal maintenance law. The Governor finally signed the new maintenance law, Ch.269 of the Domestic Relations Law on Friday, September...
View ArticleTemporary Spousal Maintenance and Marital Residence Expenses
One issue that keeps coming up repeatedly in appellate decisions is whether the party paying temporary spousal maintenance, can also be ordered to pay carrying costs of the marital residence. In...
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