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December 2017 Archives

Lawyers can help modify support awards to avoid conflict

Despite divorce severing the marital tie between a New York couple, the relationship with their children remains intact. Divorced parents often have to go the extra mile to ensure their children's needs, both financial and emotional, are met in the aftermath of their split, but keeping their best interests at the forefront is crucial while they adjust to going from one familial unit to two. Child support and custody arrangements also reflect this, whether agreed upon between the parties or decided by the courts.

What are the penalties for nonpayment of pay child support?

Taking care of one's children is a life-long obligation, whether the parents remain married to one another or not. When a couple divorces, the court often awards child support payments to be paid by one parent to the other--generally the one who is given primary physical custody of the child. When there is a failure to pay child support, there can be legal and administrative consequences.

What is the standard of living maintained after a divorce?

When a couple is married in New York, that usually means that they are living in the same residence, making mortgage or rent payments on that place, and splitting income and expenditures in some fashion or the other. Yet, the funds that are used to pay these expenses usually come out of the same pool. When a couple divorces though, they are suddenly in a situation where the expenses are doubled, with two houses to run and maintain, but the incomes and assets are either the same or halved. For example, if one partner was working and the house was running on his or her income and then he or she divorces, that partner may then have to pay alimony to support two houses.

Tips to readjust visitation schedule during holidays

The parenting plan is an important document for parents post-divorce, as it outlines important aspects of child rearing that the parents agree on, child custody, and visitation schedules. Perhaps most importantly in this season, the plan can also dictate division of holidays. Many couples use different methods when deciding who will spend which holiday with the children. Some use an alternating method that basically means one parent has a holiday one year and the other parent gets it the next year. Another approach is to split time on the same day so that children get to spend it with both parents. But what if there is no parenting plan or one parent wants to make a change to it? Negotiation is key in this situation.

How a divorce could affect your retirement

For many years, divorces seemed to be much more common in younger couples. However, in recent years there has been a marked increase in the number of couples divorcing at or after retirement age, even after decades together. These so-called "gray divorces" can have major consequences for both you and your spouse, including changing what happens in your retirement.