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White Plains Divorce Law Blog

What are the differences between legal and physical custody?

There are many people who get divorced every year in New York and divorce seems to be getting more and more common. The outcomes of these divorces will vary and be unique depending on the specific circumstances of each couple's marriage. However, the major issues that the couples will have to work through are the same. They will have to make decisions about dividing their assets and debts, spousal maintenance, child custody, visitation and child support.

One of the more difficult issues to have to deal with is custody. There are two different types of custody as well. There is legal custody and physical custody and many people may not know exactly the differences between the two. Custody in general means decision making, so legal custody means decision making for legal issues such as school choices, medical decisions, religious decisions and other major decisions. Physical custody means which parent makes the daily decisions while the child is in that parent's care.

Can courts deviate from the child support guidelines?

Parents in New York must care and provide for their children while they are minors. Some continue to provide for them after that age, but that is by their own choice rather than a legal obligation. As parents know, this obligation to care for their children can also be costly. Buying food, providing them with a home, buying clothes and other necessities can add up quickly. Then there are also medical costs, child care costs, extracurricular activities and other costs.

As these expenses can add up quickly, it is important that both parents contribute to these financial costs. Ensuring this happens during a marriage or while the parents are together can be a relatively easy task. However, it can be become much more difficult if the parents are divorced or no longer together. So, to ensure that it still happens, there are usually child support orders in place. These orders generally require the non-custodial parent to pay the custodial parent money each month based on guidelines.

Basics of the divorce mediation process

Every married couple in New York has disagreements and fights from time to time. It is human nature to have these types of fights, but eventually after these types of fights the couple is able to reconcile and move forward. For many different reasons though sometimes couples do not reconcile and eventually the marriage ends in divorce. How the divorce proceeds though really depends on the couple and the unique circumstances of their marriage.

Couples going through a divorce must resolve the same issues though. They will need to deal with child custody and parenting time, child support, division of their assets and debts as well as spousal support. The issues will be resolved differently depending on the facts. How the couple resolves them could also be different. The couple could go through litigation and ultimately have a judge make the determinations or the couple could try and resolve the issues themselves through divorce mediation.

Rudy Giuliani divorce proceedings show lavish spending habits

Most people in New York know who Rudy Giuliani is as he has been a prominent figure especially since he became mayor of New York City. Many people may also know that he is currently going through his third divorce. Mr. Giuliani has earned a lot of money over the years and his lavish lifestyle was shown during a recent hearing. His wife is seeking her fair share of the fortune that he has amassed over the years as well as $63,000 a month in spousal support.

His wife is also asking him to pay for two different homes, a salary for her assistant and other money needed to care for her mother. In court she showed his current monthly expenses which included $2,000 a month on cigars, maintaining six homes, club memberships and even an average of a little over $1,000 a month for pens. She did this to demonstrate he should have to pay for her expenses if he is able to live that type of lifestyle.

What factors are used to determine child custody in New York?

There are many different parenting styles for parents in New York. There is not one right way to raise children and parents sometimes have different opinions about how to do it. This may lead to disagreements while people are married, but if they are divorced they either need to come to an agreement on which parent will have custody or a judge will have to decide which parent is better suited to have the children. Child custody decisions are not easy decisions, but it is a decision that has to be made.

The decisions are made by analyzing a number of factors to determine what is in the best interests of the child. These include, but are not limited to, which parent was the primary caretaker and each parent's ability to care for the children. The mental and physical well-being of the parents as well as the children are factors. Another factor is the parents' willingness to work together to raise the children, their work schedules and other factors as well.

How to calculate basic child support in New York

There are many different things that people spend their money on in New York. Some of those things are necessities such as food, clothing and shelter. Other things are not necessities and people make choices on what non-necessities they spend their money on. This could be for vacations, a new car, a new TV, computer or other electronic and many other things. Another thing that people need to spend their money on is their children who need both necessities and extra costs as well.

When a couple is together which parent pays for what does not really matter, but when the parents are divorced or separated then which parent pays for things begins to matter. That is why there are child support orders in these types of situations. These orders try to ensure that both parents are contributing to the child's financial needs. So, it is important for parents in these situations to understand child support orders and how their child support obligations are calculated.

Basics of collaborative divorce in New York

Many more marriages in New York are now ending in divorce. There are many different reasons for this trend, but it does not matter why, if a couple decides to divorce they still must resolve all the same issues. These include child custody and child support determinations if they have minor children, potentially spousal support and every couple must divide their marital assets. How they resolve these determinations, depends on the couple though.

They could litigate all the issues at a trial and leave the determination up to the judge. They could also use mediators to help them resolve the issues. However, they could also use the collaborative law divorce process. This is a unique option designed for couples who are willing to work together to resolve their issues from the beginning of the process.

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.

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