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Oneida County Law Blog

Are summer camps included in child support orders?

Sending kids to camp during the summer may have been the norm for a married couple, who shared expenses and made the decision together, but post divorce this may change if not specifically address in the child support order or by law.

As mentioned previously the financial obligation to support one's children exists whether or not the parents remain married. Basic child support in New York is calculated according to the Child Support Standards Act but there are certain add-ons permitted by state law. Child care falls under these add-ons.

What is an uncontested divorce?

Not every divorce has to be acrimonious. It is possible that a couple amicably agrees to end their association with one another and as a result, there are no disagreements as to major divorce issues, such as child custody and alimony. New York residents may have heard of the term 'uncontested divorce' used in this regard.

An uncontested divorce is when there are either no disagreements between the couple over divorce- related issues or one of the spouses agrees to the divorce or fails to appear for the action. In these circumstances, the paperwork in the divorce process is streamlined, with the documentation for property division and child custody being filed without dispute.

Does your parenting plan cover spring break and summer vacation?

Dividing custody between parents is difficult, even in the most amicable of divorces. There are certain days that you'll both want to be with your children. Holidays, school breaks and vacations are all coveted as ideal times to spend with your kids after a divorce. If your parenting plan doesn't explicitly handle all of these special events and more, you could find yourself in a dispute over custody.

When creating a parenting plan, you should take the time to address special events, like birthdays and holidays, as well as school vacations. Whether you're splitting parenting time evenly or one parent has primary custody, you should both be involved with your children as much as possible.

How does Bitcoin affect property division?

With the raging popularity of cryptocurrency, the term Bitcoin has become a regular household term for many. Known as a peer-to-peer electronic cash system, it gained popularity because users could transfer money to one another directly without the need for a go-between, like a bank or governmental authority. Users are assigned a string of numbers which becomes the address of their wallet where their Bitcoin is stored. The anonymity of the currency is one of its greatest appeals, especially for people looking to hide their assets during a divorce.

The form of currency may change, but the notion that people try to hide their assets in an attempt to get the best deal in property division is an old one. Since neither banks nor names are used, some people wrongly try to hide their assets from their spouses in the form of cryptocurrency, which can create complex property division issues.

Can a custodial parent relocate with children post-divorce?

Couples going through a divorce are usually already concerned about how the end of the marriage will effect their relationship with their children, so when the custodial parent announces an intent to relocate with the child, it could end up wreaking havoc in an already challenging situation. This issue can raise concerns about the visitation schedule, travel expenses, and even modification of child custody. These matters have to be addressed expressly and head-on as soon as possible.

Usually, divorced couples do not include this contingency in their original custody plans. Without an agreement between the parents, it is up to the courts in New York to make decision about the child's best interests when it comes to child custody issues as they relate to parental relocation. If the court finds that it is not in the best interests of the child for a custodial parent to move, then the custodial parent may have to reside within a certain radius of his her her current residence.

You don't have to go through your divorce alone

When individuals get married and begin investing emotionally and financially in their future with their spouse, they typically expect that their marriage will last forever. However, it is an unfortunate reality of life that circumstances change and people grow apart, oftentimes resulting marriage dissolution. For many, this is the first time they have to go through something emotionally devastating and unsettling. With their future in flux, many New York residents may not know what steps to take once a marriage sours. Additionally, these individuals may find themselves overwhelmed, as this may be the first time they are getting exposed to the complicated laws surrounding divorce and related issues, such as property division and alimony.

If one is blindsided by the news that her spouse is divorcing her, she might consider agreeing to her former spouse's divorce settlement offer without taking into account what her own needs may be in the future. Settling important family law issues without consideration could leave an individual at risk of financial instability post-divorce. This risk can increase when individuals are unaware that they may be entitled to certain assets.

How complex is dividing art in a divorce?

When it comes to splitting assets in a divorce, the framework is relatively straightforward: marital property is divided but separate property is generally given to the individual spouse it belonged to originally. Technically, art is no different from pots and pans when it comes to property division, but the reality is that the law is not clear-cut when it comes to artwork's divorce in the divorce process.

Many high-profile cases hinge on artwork these days and, with millions on the line, it may come as no surprise to New York residents that these pieces of art can lead to hotly contested disputes. With the cost of art skyrocketing, their disposition has become even more difficult. When couples do not agree amicably, they may end up hiring appraisers. This process itself is highly subjective and can cause even more dispute. Oftentimes the only way to actually get an accurate value of the art is to sell it, which is what many people don't want to do.

Is your child’s other parent interfering with custody time?

Parents who choose to raise a child separately must find a way to effectively share their parenting responsibilities and privileges. They must respect their rights as parents and also keep the best interests of the child the highest priority. In the case of divorce, a court must generally approve a parenting plan and custody arrangement, or create one and hand it down to the parents.

In many instances, parents find that following every aspect of a custody agreement is not entirely convenient to their lifestyle, but these frustrations can smooth out over time. However, some parents' behavior moves well beyond frustration into violations of the other parent's court-approved or court-ordered rights.

Helping parents settle child custody disputes

Building a relationship with one's child can be one of life's greatest rewards. However, there are certain events that could strain this relationship. Take divorce, for example. This process requires divorcing parents to determine what type of custody arrangement will be most suitable for them and their children. This can be difficult to think about, or even agree to, because it likely means spending less time with your children.

Although parents need to think about their post-divorce life and how it could impact custody, the main focus should remain on the children. In fact, a custody order should meet the physical and emotional needs of the child. Because this can take time to work through, the attorneys at the Hobika Law firm are prepared to help divorcing parents in Oneida County navigate and resolve this family law matter.

Should I complete my divorce on my own?

When a divorcing couple in New York is ending their marriage on good terms, they are often under the misconception that they can finalize all the legal aspects of their divorce on their own. However, since most people are not familiar with the law surrounding marriage dissolution, they often end up neglecting critical details that could leave an amicable couple disputing after a divorce. The most common mistakes are made with regards to alimony and child support, which could leave parties at a financial disadvantage for a long time post-divorce.

Child support in New York is calculated based on certain factors that make up the basic everyday expenses of children, not additional expenses such as extracurricular activities, medical insurance, tutoring, or daycare. This means that since these additional expenses are not automatically factored into the state-mandated guidelines and they may not be catered to in a divorce agreement. This can leave parents fighting over these costs every time they arise.

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