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New York City Divorce Blog

How do temporary and final protective orders help with abuse?

Domestic violence and other forms of abuse are an unfortunate reality in many relationships in New York. People who are victims of abuse will often not know their alternatives to be protected from a spouse who is committing these acts. It can be difficult to finally take the necessary steps to be protected. However, there are options once the person decides to leave an abusive relationship and seek protection. Many do not know the difference between a temporary protective order and a final protective order. Understanding this is a vital part of being fully protected and getting what the abused person is entitled to.

Can there be an objection to COLA with New York child support?

For New York couples who are getting or have gotten a divorce and are dealing with child and spousal support issues, the concept of a cost of living adjustment is relatively straightforward. The amount that the paying former spouse and parent is ordered to pay can be changed based on how much it costs to live. However, people might make the mistake of thinking that there is no recourse when there is a request for a COLA. The law does allow for an objection to a COLA. For parents who are objecting and the parent who is seeking to receive COLA, it is imperative to understand the law in these circumstances.

Either party can object to a COLA whether the order is made by the court or by the support collection unit. This must be done in writing within 35 days from the date the adjusted order was mailed. The other party must also receive a copy of the written objection. When the objection has been filed in a timely manner, the COLA will not go into effect until there is a hearing.

Child custody and what goes into a judge's decision in New York

New York couples who share children and are ending their marriage will have significant concerns about child custody and the visitation rights. Of course, every situation is different and the details of the case will determine how custody and visitation are allocated. When starting a child custody case, parents are well-advised to have a grasp of what a judge will consider when deciding which parent will have custody. This is important for the child's well-being and is critical to the parents as they assess how to handle the case and its aftermath. Legal representation is imperative in these cases.

The judge will examine the best interests of the child. This is paramount. In addition, there will be certain factors that will come to the forefront. Often, one parent was the child's primary caretaker. As the judge comes to a determination, the parent who cared for the child most of the time will often be granted custody. The home environment is critical. The child must be in a safe and nurturing circumstance and the judge will consider which parent provides that. Parental fitness includes the parents' employment, lifestyle, if there is stability in the home, and the chance for the child to have good physical and mental health if he or she lives with a parent.

3 important divorce questions you need to ask

A high-asset divorce can feel very complicated and overwhelming. When your spouse files for divorce, it may come as a shock, and you just have to get your head around these impending changes. Then you have to think about child custody plans, employment, support, asset division, debt division, updating your estate plan and a whole lot more.

You can imagine how it may feel like things can spiral out of control. In fact, many people procrastinate important decisions because they don't feel like they know where to start. It's too much.

Key points about grandparents' rights to visitation in New York

In New York, when there is a visitation dispute, it generally focuses on the parents, who will have custody, and what the other parent's visitation schedule will be. In some cases, however, grandparents' rights come to the forefront. When grandparents want the legal right to see their grandchildren, there are certain factors that will be considered as part of the case. When moving forward in seeking those visitation rights, the grandparents should understand these factors and have legal help to meet their goals.

The following criteria will be considered by the court when it decides if grandparents can receive visitation rights: if there is a legal standing in the case; if it will hear the case; and if the child's best interests will be served by having visitation with the grandparents. There are no visitation rights for step-grandparents or great grandparents in New York. For grandparents to receive permission to see grandchildren, the court must have proof that there is legal standing for the grandparent to seek visitation rights.

Child support and the maximum that can be withheld in New York

When there is a divorce in New York and there are children that need to be supported, the state will take steps to ensure that the child support is paid on time and in full. In some cases, there will be income withholding by the employer so it can be sent directly to the custodial parent. However, some noncustodial parents are concerned about how much of their income will be withheld. They might have other obligations or the amount could be problematic for them to make ends meet. Understanding how much maximum withholding can be is important. If there are divorce legal issues, it is crucial to have legal help in addressing them.

With child support, the Consumer Credit Protection Act mandates limits on what can be withheld. It can range from 50 percent to 65 percent of the worker's disposable income. There are several factors that will determine how much can be taken. First, there is the date in which the income withholding order was made; second is the amount of time the person is in arrears; and third is if there are older IWOs and the person has other dependents to support. There are various factors that will determine the limits.

Critical factors regarding child support in a New York divorce

When a New York couple divorces, one of the key issues is often child support. Once the decision is made as to how much the supporting parent will pay and the custodial parent will receive, there might be certain preconceived notions about the entire process. There could be misunderstandings as to whether there can be post-divorce modifications, how spousal support and child support are connected, and how the new tax laws impact the paying and receiving party. For answers to these questions and to address them as needed, having legal advice is helpful.


The different types of an order for protection in New York

In New York, it is unfortunate that there is abuse and allegations of abuse in some relationships. For the alleged victim and the person who is accused of committing the abuse, it is important to understand how the law acts to provide protection and limit the contact. The aspects of an order for protection include a Family Court order, criminal court order, and a Supreme Court Order. Both parties should be aware of how they differ and act accordingly. As always, having legal assistance and advice is vital to a case.

When there is a Family Court order for protection, it is done in a civil case. This is to prevent violence in a family or between those who are involved in an intimate relationship. When seeking a Family Court order for protection, the relationship between the person alleging abuse and the other person must involve: a current or previous spouse; a person with whom a child is shared; a family member to whom he or she is related via blood or marriage; or someone with whom there was an intimate relationship. The intimate relationship does not need to have been sexual.

Religious differences? Focus on a solid parenting plan

Every parent truly has their children's best interests at heart when it comes to discussing how to raise them. Unfortunately, not all parents agree on what is or isn't acceptable. Parents with different religions may have conflicts over in which religion to bring their children up.

This difference in opinion can be intensified by a divorce. You may think it's fine to raise your child in your own religion when they're in your custody, but the other parent may not agree. If you find yourself conflicted, then it's important to address this possible problem in your parenting plan.

What is a tax refund offset with child support?

As tax time rapidly approaches, many will anxiously await an expected tax refund. If, however, they owe past-due child support, there is the possibility that there will be a tax refund offset that will collect what is owed from their refund. For noncustodial parents who are facing this reality, it is important to understand what the tax refund offset program is. If there is a dispute over child support or any other issue related to a divorce, having legal advice is key.

The tax refund offset program can impact the federal and state income tax refunds. This is done by certifying the past due amount to the Internal Revenue Service and the New York State Department of Taxation and Finance. This can also impact spousal support if that is also past due. For cases that are eligible to be part of the tax refund offset, there will be a Special Notice sent to the noncustodial parent stating how much is owed in past due child support.

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