New York City Divorce Blog

Appeal in high asset divorce stays ruling to sell art collection

On behalf of Advocate, LLP posted in High-Asset Divorce on Wednesday, April 17, 2019.

With the number of people who are wealthy in New York, a high asset divorce is a common occurrence. Some are more amicable than others, but there will inevitably be issues regarding property interests as the case moves forward. While many disagreements stem over assets that are more easily valued, high-end collectibles can also be the source of rancor. When it is a couple who collected expensive artwork, the splitting of these assets and how the courts will address it can be complex. Having legal advice from a law firm that handles high asset cases is advisable.

An ongoing divorce between a real estate developer and his wife is still in dispute despite being finalized and the husband remarrying. The latest centers around artwork that is believed to have a value of approximately $700 million. The former wife was ordered to sell the collection as a term of the divorce settlement. However, the couple could not come to an agreement as to what the asking price should be. The appellate court granted the wife's motion that there be a stay.

Divorce of former mayor and wife grows contentious

On behalf of Advocate, LLP posted in High-Asset Divorce on Monday, April 1, 2019.

There are unique challenges in every New York divorce. When it is a high-profile couple and a high asset divorce, it is even more difficult to navigate as the case is frequently played out in the public eye. Both sides could face endless dispute about property, assets, bank accounts and more. When there is an ongoing divorce and it is growing increasingly complex and contentious, it is crucial that there be experienced legal assistance to help with the case.

The former mayor of New York City, Rudy Giuliani, is in the middle of a divorce with his third wife, Judith Nathan Giuliani. The case has grown so rife with disagreement that the judge is becoming flustered at its difficulty. Currently, the couple is battling over various factors including how they will determine who uses their Long Island residence in the summer. The judge openly asked why the fight over the residence is in his court.

Help when religion is a factor in child custody cases

On behalf of Advocate, LLP posted in Child Custody on Tuesday, March 26, 2019.

In a New York divorce, there will be many issues in dispute as the case moves forward. One that has the potential to create a long cycle of disagreements and contentious back and forth is if there is a dispute over the religion each parent wants the child to follow and how strictly it will be implemented in the child's life. This does not necessarily mean that the parents will be of different religions. Of course, that can be a factor. But it can also mean that the parents follow the same religion but one is more serious about it than the other. With this a concern in a child custody case, having legal advice is a must.

Few issues spark emotions like religion. It might even have been the reason why the marriage came undone. When the parties are in dispute over child custody and a relationship with children, this can be a troubling factor during the process and even after the case has been decided as negativity can fester and one parent might seek to undermine what the other parent is instilling in the child. Before having arguments about it, trying to discuss the matter rationally and come to a consensus might be preferable. The courts will listen to the viewpoints of both parents, their rights to religious freedom and gauge it in the context of what is best for the child.

Don't try to buy a spot as the favorite parent

On behalf of Advocate, LLP on Saturday, March 23, 2019.

When you got divorced, the court split custody up between you and your ex. The kids did not get to choose where they would live, but they did get to make their opinions known. That's when you found out that they didn't necessarily want to live with you.

After that, you decided that your number one goal was to make sure you became their favorite parent. To do it, you simply chose to buy their love and affection.

Can I receive a cost of living adjustment with child support?

On behalf of Advocate, LLP posted in Divorce on Tuesday, March 19, 2019.

In New York, when there is a divorce and a couple has ended its marriage, children from the marriage will still need to be supported. In general, there will be one parent who has custody and the other parent will receive visitation rights. Also, the noncustodial parent will frequently be ordered to pay child support to the custodial parent. The amount, however, is not set in stone and it can be changed for various reasons.

In many cases, one parent or the other will request an agreement modification because there is some issue with making or receiving a sufficient amount. In others, the need to change the agreement is due simply to changes in the cost of living. Understanding when there can be a cost of living adjustment is critical to a case and for the child to be appropriately cared for.

When getting a divorce, be prepared for a property dispute

On behalf of Advocate, LLP posted in Divorce on Tuesday, March 12, 2019.

Property division is a basic part of most New York divorces. Whether the couple has significant assets or is of lesser means, there will be items that have value. That value could be financial, emotional or both. A dispute is often unavoidable and emotions can be frayed. As soon as the decision to end a marriage is made, it is imperative to take various factors into account with property division and assets. Doing so beforehand can help to alleviate stress and perhaps find common ground with the other party to negotiate. As always, getting legal help is essential from the start.

Having a vague idea of the property is not good enough. Having accounts, assets and critical documents and the information related to them at hand will avoid confusion. The following are examples that can help a person be prepared for every eventuality in a divorce: the personal financial information; a list of marital and non-marital property; statements from all accounts; real estate documents; documents detailing a mortgage and any loans; credit card statements; estate plans; and insurance information.

Can a driver license be suspended for past-due child support?

On behalf of Advocate, LLP posted in Divorce on Tuesday, March 5, 2019.

When a New York couple divorces, there are many legal issues that must be dealt with. Once the case is concluded and there are children from the relationship, it is likely that the noncustodial parent will be ordered to pay child support to the custodial parent. This is not a penalty, but it is a requirement so the child will be adequately cared for and the custodial parent has the means to provide that care. However, there are situations in which the supporting parent does not make the payments in full or does not make them at all.

Falling behind on child support creates a situation where the parent is in arrears and can cause problems in his or her life. The state will issue various penalties to compel the parent to pay. One is to suspend the driver license. Knowing when this will be done and what to do about it is critical to a case. When the past due support payments have accrued to an amount that is equal to or greater than the amount due for four months, the court can suspend the driver license. The person whose license is suspended can ask that there be a restricted license so he or she can drive at certain times. Once the amount due is paid or partially paid with a plan to pay the arrears, the court can order the suspension be terminated.

Can you take your child overseas after divorce?

On behalf of Advocate, LLP on Wednesday, February 27, 2019.

From almost the moment your child was born, you were already planning the future. You knew just how much of an impact traveling had on your life, and you want to make sure that your child gets to experience it. It's been your dream to take them overseas for the summer to explore some of your favorite places in the world.

You're fortunate enough to run your own company and set your own hours. As such, your hope is to take your child when they're out of school for the summer and spend at least a month -- maybe two -- overseas. You have the time and money to do it.

Complex asset division of artwork drags on in New York divorce

On behalf of Advocate, LLP posted in High-Asset Divorce on Tuesday, February 26, 2019.

Any New York high-profile divorce is likely to receive press coverage as the asset valuation is done and the marital property is split. Often, these cases will take a long time to conclude. While many will not have the ability to grasp the massive financial implications of a high-profile couple divorcing, it is useful for those who might not have assets in the billions, but are well-off, to consider how a divorce proceeding with these issues can be handled. A law firm that understands all divorces - especially those with substantial assets at stake - should be contacted for assistance in these cases.

The ongoing divorce of a New York real estate mogul and his wife is stagnating as their art collection - said to be valued at nearly three-quarters of a billion dollars - has not yet named a receiver for its sale despite orders from the judge to do so. The judge warned the attorneys to get the process moving forward. The couple is in their 80s. Their attorneys stated that the artwork is not being sold because no one seems to want to take part in the sale. Those who are working in the New York art scene are hesitant to get in the middle of such an expensive and high-profile divorce. The judge stated that the financial windfall from the sale should attract people willing to take part.

Acknowledgment of Paternity, child custody and visitation

On behalf of Advocate, LLP posted in Child Custody on Tuesday, February 19, 2019.

A child custody and visitation rights dispute does not necessarily involve people who were married and have gotten a divorce. People who have a child out of wedlock can still face these concerns and need help in handling them. The Acknowledgment of Paternity is an important factor in addressing these complex cases. Knowing about the importance of the Acknowledgment of Paternity and having legal assistance to represent the interests of the mother or possible father is critical.

If the mother is unmarried at the time of the child's birth, there will not be a legal father. Until there is a legal father, the biological father will have neither the rights nor the responsibilities that a legal father has. To rectify this situation, the parents can sign an Acknowledgment of Paternity form. This is generally done at the time of the child's birth, but there are other locations where it is available such as the birth registrar or the child support office. On this form, there will be a father named. He will be given the right to have custody and visitation. There might also be the requirement that he pay child support to the mother. With this form, the father's name will be placed on the child's birth certificate.

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