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White Plains Divorce Law Blog

Actor Jim Belushi to divorce after 20 years of marriage

Jim Belushi has been in the entertainment industry for a long time and many people in New York are familiar with his various shows and movies. He has been married for the last 20 years, but his wife just recently filed for divorce. While she does not state many specifics in the paperwork she filed with the court, she indicates that she is seeking spousal support and joint custody of the couple's two children. However, there are many more issues that will need to be resolved in their divorce as well.

One of the more complicated issues for them, similar to other couples with substantial amounts of money and assets, is the property division portion of the divorce. In a high asset divorce couples not only have many assets to divide, they also have complicated assets. It usually involves much more than just having money in a savings or checking account. Many times, they have investment accounts, retirement accounts, stock options, own businesses, have multiple properties, collectibles and other valuable assets.

Requirements for modifying a child custody order

There are many decisions that parents in New York must make for their children as they raise them. This includes the day-to-day decisions, such as what they are going to eat or what activities they will participate in during the day. These decisions also include long-term decisions, such as what schools they will go to, what religion they will be raised in and medical decisions as well. When parents are divorced, which parent makes these decisions is governed by child custody orders.

Sometimes these child custody orders are implemented when the children are young. As people are well aware, both the parents and the children's lives can change over the years. What may have been in the best interests of the children when they were young may no longer be in their best interests as they grow older. Therefore, parents may need to modify their custody orders to accurately reflect the changes in the circumstances.

Divorce mediation can be a cheaper option than litigation

Sometimes, couples in New York are not able to work through arguments or a series of arguments and no longer want to continue the marriage. In these situations, the couple may end up in divorce proceedings.

Some couples are able to resolve everything in a divorce by themselves, but this is not true for most divorces. The couple will need some assistance in determining custody, parenting time, child support, dividing their assets, determining if one will receive alimony and other issues that may arise. The couple has different options about how to obtain assistance. They could litigate the divorce and eventually have a judge decide at a trial or they could use divorce mediation to reach agreements.

Can you modify a child support order if income changes?

There are many reasons that people in New York no longer work for certain companies. Some people find a better job or simply do not like working a certain job and decide to quit. Others get laid off or let go by their employer due to a downturn in business and the employer can no longer afford to employ them. Others get fired because of their work performance and the company no longer wants them working for the company.

When people lose their jobs it can create uncertainty for them and can also create some financial problems since they no longer have an income. Without an income, paying monthly bills can become difficult. For some, these monthly bills include paying child support. This is a monthly expense like any other bill and if it is not paid then there can be consequences.

Changes to the tax law may affect alimony payments in divorce

Divorces in New York are generally not an easy process. Some divorces are much more amicable than others, but oftentimes there are disputes which must be addressed during the divorce. There are number of issues which can cause these disputes. People may have different opinions on child custody or visitation. They could also have issues with dividing their assets, especially if it is a high asset divorce. Another issue which also arises in high asset divorces and can cause disputes is alimony.

Alimony is usually paid when one spouse earned significantly more than the other during the marriage the other spouse needs additional money after the divorce to continue paying the bills and living their life. There is not a calculator to determine the amount or duration of alimony or whether it should be paid at all. The paying spouse also generally does not want to keep supporting the other spouse after the divorce. As one can imagine, all these factors can lead to disagreements on this issue.

Ewan McGregor files for divorce and child custody may be an issue

There are many people in New York who are familiar with actor Ewan McGregor, who has acted in many movies and television shows over the years. But, many people may not know that the actor was married for 22 years and recently filed for divorce. He and his wife have been separated for a number of months, but McGregor just filed the divorce. In his divorce papers he is seeking joint child custody of his three minor children. However his wife is seeking sole physical custody while granting McGregor visitation with the children.

Child custody is an issue that must be determined in any divorce with minor children. Couples can come to agreements as to the final determination. However, if they are unable to reach an agreement, a judge will make the final decision for them. This decision would be based on what is in the best interest of the child, which is a highly specific decision. In addition to determining child custody, there would also have to be a determination for visitation for both parents. Custody is for decision making and visitation determines when each parent will have the children.

The parties still make the final decisions in divorce mediation

There are many reasons for why people in New York end their marriages in divorce. While some reasons may be much worse than others, going through the divorce the reason for the divorce does not always affect the outcome.

Regardless of the reason for divorce, people still need to make major decisions on how they will split up their life. Also, regardless of the reason, there will most likely be some bad feelings between the parties while they do this. This can make the process much more difficult, but the determinations must still be made prior to finalizing the divorce. The parties generally have two options to accomplish this goal: they could either have a judge decide or they could reach agreements on their own.

Parents must pay child care costs as well as basic child support

Every family in New York has a different financial situation which governs how they live their lives. What type of lifestyle the family lives and what the children are used to having all depends on the parent's income. Sometimes, one parent works and one stays home with the children, and in others both parents work. So, this means that in some situations the parents have to pay for child care as one of their monthly expenses and in other situations they do not have child care costs.

This is true whether the parents are still married or whether they are divorced. If the parents are divorced, they may have a child support order which governs the parent obligation for the financial needs of the children. This order will state the amount of basic child support a parent will pay to the other, but basic support does not cover child care costs. So, the child support order will also include a clause for how much each parent will need to pay for any child care costs.

How are pensions divided in a divorce?

Most people in New York would like to retire at some point in time. However, in order to do that they need to save money while they are working and earning a paycheck. Many people have 401(k)s, IRAs and other types of individual retirement accounts. Others have pensions which pay a benefit to the worker, generally based on years of service. Pensions are somewhat unique in the fact that the worker generally cannot receive any of the money until they retire, unlike other individual retirement accounts.

This is really not that big of an issue for the most part, but it can create complications when people are going through a divorce. Retirement accounts and funds are considered a marital asset and must be divided in a divorce. IRAs and 401(k)s are slightly easier to divide because it is easy to determine the actual dollar amount in the account at the time of the divorce. Then people are able to divide that amount accordingly and each spouse ends up with their share of the money in the account.

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.

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