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White Plains Divorce Law Blog

The complexities of dividing stock options in a divorce

People have many different types of jobs in New York. While most people are paid for the work they perform, how they get paid and how much they earn can vary. Some are hourly employees and are paid based on the hours they actually work. Others receive salaries and are paid a certain amount regardless of how many hours they actually work. However, in addition to base pay, people may also receive benefits, bonuses and other forms of extra compensation for their work.

One of these other forms of compensation is stock options. These are given to employees so they can benefit if the company does well. However, sometimes these stocks do not vest right away. They also can be given for past work or as an incentive to stay with the company in the future. Even though the person may have not actually been paid for the stocks, they can still be considered their property and therefore in a high asset divorce they may be divided as marital property.

What happens in a custody dispute if there is domestic violence?

Parenting children in New York is not always an easy job and it can be frustrating at times. This is also true of being in relationships and at times people are bound to have fights or lose their temper with family members. However, some people go beyond simply losing their temper and may physically assault them. This is not only illegal, but also very detrimental for the victims of the abuse both physically but also emotionally and mentally.

It can also have consequences in any child custody determination. In making any child custody determination the judge will analyze a number of factors to determine what is in the best interests of the child. It is obvious that domestic abuse is not in the best interests of the child and will certainly factor into which parent receives custody of the children. Whether a parent has visitation depends on whether the parent abused the children or the other parent alone.

How to register an out-of-state child support order in New York

Many people live in New York, but not everyone who lives in the state was born here or has lived here their entire lives. There are many things that can happen prior to moving here that will follow people wherever they go. One of these things is that if the person has children they will be with the parent as they move. That parent may also have obtained a child support order in a different state prior to moving. These orders are another thing that can follow the parent to New York as well.

However, in order to enforce the child support order or be able to modify it, the order must first be registered in New York. In order to do this, the parent needs to send a number of different documents to the courts. The parent must send a letter requesting registration; two copies of the out-of-state child support order, one of which must be certified; a sworn statement of any arrears owed on the order and the name of the parent paying child support, their address, social security number and name of their employer if known.

Couples may be able to better resolve their divorce than a judge

When people in New York are married, they often times make compromises in order to make the marriage work. Many times they may not be happy to do so, but ultimately they do it. When a couple is going through a divorce they may no longer have any incentive to compromise or reach agreements with their spouse. However, if they do not reach agreements, the alternative is that a judge will make the decisions for them. Some divorces do end with a trial, but many couples want to avoid litigation if possible.

That is why divorce mediation can be an effective tool for these couples. Mediation is a process where the couple utilizes a third-party neutral mediator to assist them in negotiations. This can be very helpful especially for couples who start off far apart from each other in terms of what they want. Mediation can be even more effective though if the parties understand what they are getting into prior to showing up for mediation.

7 ways to reduce stress during your divorce

Unhealthy amounts of stress can impact a marriage so deeply that the relationship results in divorce.

The divorce itself presents even more stress, which can all add up to serious physical and mental health concerns. Whether you are considering divorce, divorcing or adjusting to life after divorce, these relaxation tips can help you reduce your stress to make the transition easier.

Guitarist Slash reaches a settlement in his divorce

Many people in New York are fans of the guitarist Slash who rose to fame with the band Guns N Roses. The band had a very successful career as well as Slash individually in other musical projects. Due to this success he has amassed a large fortune. However, this fortune will be a little smaller after reaching a settlement is his divorce from his wife of the last 13 years.

Slash filed for divorce in 2014, but the couple is now just finalizing it. Slash will reportedly pay his ex-wife over $6 million as part of the property division. He will also pay her $100,000 a month for spousal maintenance and another $39,000 for child support. His children will also receive 1 percent of his income for the next 18 years. Slash will be able to keep his guitars though which are valued at $1.92 million.

Obtaining temporary custody while the matter is pending

There are many situations that arise when two parents are no longer living together and need to split the parental duties. These situations usually arise in divorces or in child custody matters when the parents were never married. These types of cases can be very complicated though and generally take some time to complete as often times the parents do not agree on what the best plan is for the children.

However, life does not simply stop while the case is pending and decisions need to be made for the children and parents would like to see their children as well. So, parents are able to seek temporary custody and visitation while the case is pending. This is done by filing a motion and the decisions are made based on the information provided in affidavits and other written evidence. So, it is important to provide the judge with as much information as possible and can include information from therapists, caregivers, teachers, other family members and others who can provide information regarding the children.

Judicial enforcement procedures for child support

There are many parents in New York who have child support obligations. It is important to pay these court order child support obligations, but there are parents who fall behind in payments or choose not to pay for one reason or another. It could be because the parent lost their job or had another reason why their income was reduced permanently or temporarily. However, there are other parents who simply choose not to pay their child support because they do not think it is fair.

However, most parents are capable of working and paying their child support so when they fall behind in payments, there are enforcement actions that can be done. The enforcement actions begin with administrative enforcement actions such as incepting tax returns, garnishing bank accounts, suspending driver's licenses and other actions. However, sometimes these do not work because the parent is able to actively avoid these actions.

Mediators cannot pick sides in a divorce mediation

People in New York have many stressful moments throughout their marriages. These stressful situations can lead to fights and disagreements, which sometimes become too much to overcome. These situations may lead to divorces, which generally are just as stressful if not more stressful than the situations that arose during the marriage. Not surprisingly divorce can also lead to many more disagreements and fights as well.

However, as people go through a divorce some do not have the incentive to try and reach agreements like they did during the marriage. People may need the assistance of others in order to reach agreements. That is why divorce mediation can be a very effective tool as couples go through the process of separating one life into two separate lives. There are many issues that the couples need to resolve and divorce mediators can help the parties negotiate and compromise for their mutual benefit.

How are businesses divided in a divorce?

Throughout a marriage couples in New York can acquire many different things. These assets can grow in number, value and variety the more a couple earns during the marriage. That is why the asset division portion of high asset divorces can be such a complicated process. Couples with many assets will first have to go through the process of finding all the assets that they may own and then they will have to value those assets, which can be very time consuming as well.

As mentioned above, the more a couple earns the more assets they may obtain. However, in some instances the way that the couple earns their income is an asset as well. This is true in situations where one or both spouses own a company either individually or as a couple. Businesses are assets just like a bank account or a house. Just like those assets, the couple will need to know the value of the business before they can divide it. However, valuing a business can be much more complicated than valuing a house. There are different methods, but there are three basic steps needed to value them.

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