Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

White Plains Divorce Law Blog

How military deployment affects child custody

People in New York have many different jobs and some of those jobs require the person to travel. This can be hard on both children and parents, but travel for most jobs is usually relatively short-term. However, those in the military have a very unique job and when they have to travel, they are usually gone for many months and even years at a time. Therefore, military deployment creates a very difficult situation when parents have joint child custody and the parent in the military has parenting time.

While a military parent is deployed, they cannot always be in communication with the other parent and clearly cannot have the children in their care. So, there are special rules when it comes to modifying a child custody order during deployment.

Helping couples reach agreements in divorce

There are many reasons that people in New York go through divorces. There may be infidelities by one of the spouse, there could be emotional or physical abuse, substance abuse issues or the couple may simply no longer love each other and need to end the relationship. However, no matter why a couple may divorce, there is one thing in common in most divorces: the couple is no longer getting along with each other. This can make the divorce process much more difficult and contentious.

Many people do not want a long, drawn out divorce that ends with a judge making all of the decisions for the couple. However, these same people may not want to agree to the terms of the other spouse. This puts them in a difficult position of feeling like they need to either agree with the other spouse's demands or go to trial with a judge.

What are cost of living adjustments to child support?

Things can become more expensive over time. This is due to a number of factors, but at the end of the day, what may have cost $5 a few years ago now may cost $7 now. While that does not seem like a very big change by itself, that small amount can add up quickly when everything one buys is a dollar or two more expensive. Parents especially realize this as they are paying for everything for their children. It may be even more true for a parent who is receiving child support from the other parent.

The law also understands that the cost of living increases over time. That is why built into every child support order, whether the parent paying it realizes it or not, there are cost of living adjustments. Every two years the child support agencies review child support orders. If the cost of living has increased in general, one's child support order will be increased automatically according to the overall increase. So, if there is a 10 percent increase in cost of living, then the child support obligation will be increased by 10 percent. This is done without any further court action.

How an inheritance can become marital property

When people in New York are married, they begin to share a life "for better and for worse." This sharing occurs whether the couple realizes it or not. Almost all assets earned during the marriage become marital property, regardless of who earns the money or purchases a particular asset or even whose name is on the title. This is true for debts as well, any debt incurred by one person is incurred by the couple whether they realize it or not. However, there are some exceptions to this rule.

Couples can retain some separate property during the marriage. Generally, if the person owned it prior to the marriage, it will remain separate property or at least a portion of the asset will remain separate. Also, if only one spouse receives a gift or an inheritance, even if it is during the marriage, that inheritance will be considered separate property.

What can one do if the other parent violates a custody order?

There are many parents in New York who have custody and visitation orders. These orders can be in place for many years and things change over the years. Everyone also has different types of relationships with the other parent. Some can work well together, and when different issues arise they can work through it to do what is best for the children. Others cannot work together, and refuse to agree to adjustments when they are needed from time to time, but still follow the order.

Other parents may even stop following the child custody order all together and do whatever they feel is right. Generally, when parents decide to stop following the orders, it has to do with the visitation aspect of the order. One parent may not think that the visitation order is fair or convenient, but parents cannot simply violate the order. If parents think the order needs to be changed, they need to attempt to modify the order.

Divorce mediation can be useful in a high conflict divorce

When people are going through a divorce, generally there is some level of conflict and negative emotions. People do not get divorced when things are going well and each person is happy. They occur when people are upset with each other and things are not going smoothly. Divorces are also emotional times for the people involved, as they used to love the other person and also may have children. Splitting up a family like this is never easy, even in situations when it may be best in the long run.

During a divorce, people still need to make very important decisions despite all of the emotions involved. That is why divorce mediation may be useful. It utilizes a third-party neutral mediator who both understands the legal and the personal aspects of a divorce and can help the parties reach agreements. However, people need to be open to what a mediator and the other party are saying to be effective.

Who pays medical costs in a child support order?

There are many daily costs that parents must provide for their children in New York. They must ensure that they are able to keep a roof over their heads, make sure that they have food to eat and have appropriate clothes to wear each day. There are also costs that are optional and occasional, such as extracurricular activities. There are also other, more important costs, such as medical costs.

Parents may have medical insurance premiums they pay each month and also may have additional out-of-pocket costs when children actually go to the doctor for one reason or another. If the parents are married, generally one parent will have insurance options through their employer that cover the children. The costs to the parents are generally deducted from the parent's paycheck. Any additional out-of-pocket costs just become one more expense that the parents figure out how to pay as part of their household costs.

Actor Keegan-Michael Key officially divorces his wife of 20 years

Many people in New York are probably familiar with the actor/comedian Keegan-Michael Key. Fans of his are also probably aware that he was going through a divorce. He recently finalized his divorce from his wife of 20 years and will be paying her a significant amount in both spousal support and in the property settlement. The actor has made a significant amount of money in his career and will be paying his ex-wife $34,000 per month for spousal maintenance, at a minimum. His ex-wife also received approximately $655,000 in assets.

Each divorce is unique. Whether the couple has minor children or not has a big effect on the divorce. Also, the amount and nature of the couple's assets will determine how complicated the divorce will be for the couple. In a divorce like Key's, the asset division portion of the divorce can be the most complicated part of the divorce.

When can grandparents have visitation rights with grandchildren?

There are many different family dynamics in New York. People within a family have different relationships with different family members as well. Sometimes grandparents see their grandchildren sparingly, while others may help raise their grandchildren. However, no matter how often grandparents see their grandchildren, most want to have a relationship with them no matter the strength of the relationship they have with the parents.

How often the grandparents see the grandchildren is usually up to the parents. If parents want them to see the grandchildren they will see them more, if not then usually they see them less. Also, grandparents may have a different relationship with an in-law as opposed to their own child. So, the in-law may make it difficult for grandparents to see their grandchildren. This is especially true if one parent dies and the in-law is making all of the decisions.

When can one deviate from the child support guidelines?

Parents in New York have to provide for their children's needs. They may budget and have a decent idea of how much money they spend on their children, but it is not always a specific amount that they spend each month. This works when the parents are together, but it doesn't always work as well when the parents are divorced. It is important that both parents contribute to the needs of the child and that is why there are child support orders.

Basic child support depends on two main things: the parents' gross income and the number of children that they have together. The custodial parent generally pays a percentage of their income based on the number of children they have.

Contact Form

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Carton & Rosoff PC
150 Grand Street, Suite 305
White Plains, NY 10601

Phone: 914-949-6700
Fax: 914-381-7158
White Plains Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.