The last couple of weeks have marked new and uncharted territory in all New Yorker
THE NEW MAINTENANCE CAP AND WHAT IT MEANS FOR YOUR DIVORCE
If you are going through a divorce, then you are most likely aware of the
As an attorney that has been practicing Matrimonial and Family Law for over ten years, I
One major aspect of resolving any divorce is resolving support issues. While child support sometimes becomes complicated, there is a statutory formula that has been in place for decades which governs the calculation of basic child support, as well as contribution to add-ons such as medical expenses, child care and education expenses.
However, the same is not true for maintenance (more widely known as alimony). New York
Several people are rejoicing today as the Supreme Court ruled in favor of same-sex marriages. This was a big, very important, and long overdue step towards equality in the LGBT community.
However, along with this ruling comes some very poignant questions as to how the children of these couples will be treated, and whether the laws regarding rights to children need to be revamped. A few weeks ago I wrote an article on rethinking the presumption of legitimacy. The recent Supreme Court ruling further supports the argument that it is time for a change in how custody rights are determined.
To sum up the current law in a nutshell: when a mother is married at the time of conception and/or birth of the child, it is presumed that the child is legitimate and the person the mother is married to is the father. This presumption is so strong, it could prevent another man from asserting paternity (or the mother claiming another man is the father) and being entitled to a DNA test.
How will this presumption come into play with same sex couples? New York courts have already dealt with the issue of custody, visitation and support in a few cases, but they don’t seem to be consistent and don’t deal with the fact that these rulings contradict the law and controlling precedent, without actually overruling said law.
Specifically, in 2010, two different cases went before the New York Court of Appeals; one pertaining to child support and one pertaining to visitation rights.
Many of us watch soap operas, dramas centered around medical issues or dramas centered around legal issues, and we wonder how accurate they are and how much research the writers really did before they wrote about the particular issue. If you