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November 2016 Archives

What is considered a simple property division?

Whether a couple will experience a simple property division or a complex one during their divorce will depend entirely on the assets and debts the individuals hold at the time their marriage comes to an end. In New York, divorcing couples are subject to equitable division laws that govern how the items they own will be divided. During the equitable division process, a couple's assets will be evaluated and the court will divide them between the parties in a way that seems fair.

A court may deviate from the New York child support guidelines

The laws of New York provide courts with a set of guidelines that dictate how much money a child should receive from his or her noncustodial parent. The guidelines consider generally how much it costs to raise a child and include computations that are based upon the paying parent's income. For example, under the guidelines, a New York parent will pay 17 percent of his or her income to a single child; that percentage goes up to 25 percent for two children.

3 ways to conquer child custody arrangements over the holidays

When the holidays approach, it can be a stressful time of year. As someone who is divorced or who is getting divorced, you want to make sure your child still gets to enjoy the holidays with both parents, but what can you do when a holiday only lasts for a single day? Is it fair to split the day in two parts, or should parents exchange visitation times each year? Here are three ways you can split up the holidays to be fair to your child.

Alimony may be considered income from the recipient's ex- spouse

Not every Oneida County divorce will result in an award of spousal support. Some individual cases may be more likely to result in the award of alimony from one former partner to the other than other cases, but these determinations are made on a case-by-case basis. Readers who are facing dissolution and who would like to understand if their case may result in alimony awards are encouraged to speak to their family law attorneys.

Do children have a say in parental custody?

While divorce can be very stressful for parents, it can be even more stressful and confusing for their children. If primary or sole custody is going to be given to a parent, the children may have a preference for the parent with whom they would rather live. Child custody cases can be very complex, very emotional events and children may have a say in how they turn out.

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