Many married couples have antiques, collectibles and priceless art that can be excruciating to divide.
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How To Divide Fine Art Assets In NY Divorce
Constant conflict can make it hard for kids to adjust after divorce.
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4 Ways To Help Children Deal With Divorce
Many people avoid prenuptial agreements after they get engaged, but there are many ways that a prenup can be helpful.
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3 Benefits Of A Prenup
Child Support, Spousal Maintenance and the Coronavirus
The payment of child support and spousal maintenance obligations has been dramatically affected by Coronavirus closings and layoffs which resulted from the mass closings of non-essential businesses. Many laid off workers are eligible for unemployment , and though unemployment payments have been increased under the terms of the Coronavirus Aid Relief and Economic Security Act (the CARES Act), unemployment income remains significantly less than what a person would receive if employed. Everyone is struggling, but hardest hit are those that must continue to pay child support and spousal maintenance and those that rely upon those payments to feed themselves and their families.
It is imperative that those obligated to pay support file modification petitions immediately, even though Courts are closed to non-essential matters. There is no provision in the Federal emergency laws or in any New York State Executive Order to suspend the payment of these family obligations and none is expected. Current NYS law provides that a Court ordered reduction of a support obligation takes effect retroactively to the date of filing the petition.
The unpaid recipient should also file a Petition for Violation of a Support Order so the two petitions can be heard together when the Courts are again fully operational. The accrued arrears will not be considered simultaneously with the modification petition if a violation petition is not filed. The arrears will never be lost, but there will be no immediate plan for repayment.
IaconoLaw continues to provide traditional divorce and family law representation, and in this time of crisis is available to provide rapid service to clients facing emergency financial and child-related issues. We will also assist self-represented clients with document preparation and filings while the courts are closed for regular business.
Beware those who already owe substantially for unpaid support which accrued prior to the Covid-19 outbreak; you may not receive all you would otherwise be entitled to under the CARES Act. The Senate Finance Committee Chairman who authored the bill explained in a recent post that the only administrative offset that will be enforced against those emergency relief payments will be those related to past due child support payments that have been reported to the Treasury Department. If you are in that category, your payment will be reduced or forfeited.
This is a must read for anyone in a custody dispute or who sees one looming in the future ... written by one of the most influential New York State Matrimonial Judges
LAW.COM
COVID-19 and Future Custody Determinations | New York Law Journal
Should a divorcing individual talk about it on social media?
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Divorce: 2 Social Media Tips
Why collaborative divorce is a viable option for couples who want to avoid conflict and move forward.
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Coming Together For The Split