New York Divorce Report - New York's Divorce and Family Law Blog

As the economy continues to falter, there are reports of a couple of distinct trends in family law cases: many couples are putting off their divorces and, if the couples are going forward with their divorces, they doing so without legal representation. NBC News is reporting that “more distressed couples are putting off divorce because the cost of splitting up is prohibitive in a time of stagnant salaries, plummeting home values and rising unemployment.” In more prosperous times, the marital home was the largest asset to be distributed. When it was sold, the proceeds used to be enough to allow... More

In this day and age in which parties obtain an order regarding child support in one state and then move to another jurisdiction, it is important to know that the original support order cannot be modified or even extended by a court in the second state, so said the New York Court of Appeals in the case Spencer v. Spencer. As reported in the Times Union, the Spencers divorced in Connecticut in 1994. That same year, Mrs. Spencer and the parties’ three children moved to Albany County. The father remained in Connecticut. At the time of the divorce, a Connecticut... More

Question- I had custody of my daughters from birth until they were 12 and 13. I voluntarily let them live with their father. Father didn't pay any child support until 2002 when I applied for it, and he was only ordered to pay $25 a month. Now the father is seeking support from me. Will the court take into consideration the years he didn't meaningfully contribute to their financial needs when they lived with me? Answer-Changes in child custody often cause problems in child support. In New York, child support is awarded retroactive to the date of the application. If... More