The determination of child custody is a pivotal and often highly sensitive aspect of divorce proceedings in New York State. It's a process where both parents are entitled to contribute to their child's post-divorce upbringing. Should they fail to reach a custody agreement, the Family Court or Supreme Court assumes the responsibility to decide in accordance with the child’s best interests as its guiding standard. Deep Dive into New York State's Child Custody Types 1. Legal Custody Legal custody grants a parent the right to make crucial decisions regarding the child's upbringing. These decisions ..read more

Pro Soccer Star Achraf Hakimi relies on his mother to save his fortune from ex-wife Hiba Abouk who has filed for divorce from the Paris Saint Germain star player. Achraf Hakimi has reportedly managed to find a loophole to save his assets in the divorce from his wife, Hiba Abouk. The PSG star reportedly has no significant assets in his name, and most of his fortunes are saved under his mother's name. Reports in France claim that 80% of the PSG star's salary goes to his mother. He keeps the rest 20%, and that has helped the footballer save a lot in the divorce settlement. Could something like th ..read more

In New York State, marital property is subject to equitable distribution upon divorce. What about personal injury awards? Are they considered marital property? The answer is, it depends! First, it’s important to understand what is meant by “marital property.” Generally speaking, marital property includes any assets that were acquired during the course of the marriage, regardless of who actually owns them. This can include things like real estate, bank accounts, retirement funds, and even personal property like cars and furniture. However, not all assets acquired during the course of the marria ..read more

New York State became the sixth state in the United States to legalize same-sex marriage in 2011. Since the legalization, many same-sex couples have been able to legally marry and enjoy the same legal rights and protections as opposite-sex couples. It is no surprise that just like opposite-sex marriages, same-sex marriages can also end in divorce. Same-sex couples who were legally married in New York State are entitled to the same divorce rights and procedures as opposite-sex couples. This means that same-sex couples who want to divorce must meet the same legal requirements, such as residency ..read more

Prenuptial agreements are legally binding contracts between two individuals who are planning to get married. Prenups typically address property division, financial support, and other important financial issues that may arise in the event of a divorce. In New York State, how to handle spousal support in the event of a divorce or separation can also be addressed in a prenuptial agreement. Spousal support, also traditionally known as alimony or maintenance, is financial support paid by one spouse to the other during or after a divorce. The purpose of spousal support is to ensure that the recipien ..read more

When going through a child support case in a New York State court (whether in Family or Supreme Court), there are various documents that must be provided to ensure that the case is properly evaluated and the current dollar amounts are applied to calculate the correct presumptive amount of child support. Whether you are the custodial parent seeking support or the non-custodial parent fighting to reduce your payments, the following documents must be presented: Income Information: These would be the most critical documents that must be provided in a child support case. Both parents must disclo ..read more

Prenuptial agreements are contracts signed by a couple at some point prior to their marriage. These agreements outline certain financial rights and responsibilities of each spouse in the event of a separation or divorce. One of the primary reasons a prenuptial agreement is useful is that it provides financial protection for both partners. This is important in a state like New York where the law provides for equitable distribution of marital assets in the event of a divorce. A prenuptial agreement allows a couple to predetermine the method for most of the distribution of assets and debts, rathe ..read more

Going through a custody case in New York City and dealing with a narcissistic parent can be a difficult and emotional experience. Narcissists are well known for their self-centered behavior and lack of empathy, which can make it extremely challenging to effectively co-parent and to maintain a primary focus on the best interests of the child. It is important to expand on the general broad term of labeling someone a “narcissist” in Court. Most likely your Judge is not qualified to diagnose the other party and neither is an attorney. Focus on arguing the specific narcissistic traits of the other ..read more

The Courts in the State of New York, both Supreme Court and Family Court primarily consider the best interests of the child in any custody determination. This means that the court will make a decision about custody based on what is believed to be in the child's best interests, rather than simply awarding custody to one parent or the other based on who earns more or based on gender. Factors that may be considered in determining the best interests of the child include the child's age, health, and emotional ties to each parent, the capacity of each parent to provide for the child's needs, and the ..read more

In New York, the law is that all forms of retirement plans, whether called pensions, 401ks, IRAs, profit sharing plans, or any other name, which are marital property, are subject tp being equitably distributed. All benefits which are part of a spouse’s retirement plans, to the extent that benefits accrued during the marriage and prior to the commencement date of the divorce action, are subject to equitable distribution. Getting divorced is stressful enough as is...mix in your retirement savings and there is a lot on the line for both sides. Call us today.   The courts use a formula (refe ..read more