By Regina M. Competiello, Esq. In most cases of child support, the same is paid until the child reaches the age of 21, or if agreed upon, until the last semester of a child’s senior year of a four-year college program during which the child turns 22. There are...
Decades Of Litigation Experience
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OBTAINING ATTORNEY’S FEES FROM YOUR SPOUSE
By Matt Cavallo, Esq. Under New York’s Domestic Relations Law Section 237, “[i]n any action or proceeding brought . . . for a divorce . . . the court may direct either spouse . . . to pay counsel fees and fees and expenses of experts directly to the attorney of the...
Lights, Camera, Action: YOUR Role in Your Divorce
By: Michele Olsen, Esq., MA, MSW Filing for a divorce is undoubtedly one of the hardest decisions a person will have to make. Once an individual commits to this course of action, there are numerous critical decisions yet to be made. In this regard, the next most...
Derivative Neglect
By Jennifer L. Garber, Esq. A child is deemed to be neglected where the child's "physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for...
Litigating a Matrimonial Case
By Hope Tuber When seeking a divorce, you should always attempt, in good faith, to settle your matter if possible. By entering into a separation agreement, you are able to control some if not all of the terms. If settling is not possible, then you are leaving your...
Serving your Spouse
By Regina Competiello More often than one may think, I find potential clients sitting for a divorce consultation before they have even broached the subject with their spouse at home. There are varying reasons, some people just want information before they make their...
PENSIONS AND DIVORCES
By Matt Cavallo, Esq. Under New York law, you may be entitled to a portion of your spouse’s pension. In Majauskas v. Majauskas, the court ruled that a spouse is entitled upon divorce to “one half of a percentage of the amount of each pension benefit payable to [the...
Encouraging Parenting Time
By Michele Olsen, Esq., MA, MSW As difficult as divorce is for the litigants, it is inordinately more so for the children. This is especially true in acrimonious divorces where either unintentionally, or by design, one parent places the children directly in the midst...
Know Before You Sign
By Regina M. Competiello, Esq. One of the best calls I can get from a potential client is “I went to mediation, and I have questions.” Why is this the best call? Because the call isn’t “I went to mediation, I signed an agreement and now I have some questions.” Saying...
Forensic Evaluations in Contested Custody Cases
By Jennifer L. Garber, Esq. In New York, when there is a custody dispute, the Courts are empowered to order the parties to retain and cooperate with a forensic evaluation. (In the Matter of Elaine Sassower-Berlin v. Stephen Berlin, 31 AD3d 771 [2d Dept 2006]).Said...