NY Family Lawyer

Business owners beware. A divorce court can impute income to the owner at a level that the court believes is appropriate for the type of business when personal expenses are run through the business and the business owner controls all the bookkeeping. http://www.courts.state.ny.us//3dseries/2016/2016_07287.htm

Happiness vs. Finances

An unmarried partner who is not the biological or adoptive parent, has the right to ask a court for custody or visitation, when there is an established relationship with the child. Under N.Y. Dom. Rel. Law 70(a), the Court of Appeals overruled a previous court ruling denying that right. http://j.st/46on

In a final divorce settlement, the parties must include the amount of basic child support as calculated by the Child Support Standards Act. If the settlement deviates from that amount, the reasons must be explained in the stipulation of settlement. The Appellate Division vacated the child support provision of the stipulation of settlement for failure to comply with the Child Support Standards Act.

What happens when a 12 year old child wants to live with the other parent? More than you might think. If there is more than one child and only one is asking to live with the other parent, it could turn out that the siblings also go too. The parents had joint custody with the mother having residential custody of their two children. The 12 year old son wanted to live with the father. This constituted a change of circumstances so the father filed for a modification of residentia...l custody to have his son live with him. But there was also a daughter living with the mother. The trial court granted the father residential custody of the son, but left residential custody of the daughter with the mother. On appeal, the court ruled that it was in the best interests of the children that the siblings stay together. So the court granted father residential custody of both children.

The NY Court of Appeals ruled on June 9, 2016, that the "adequate and relevant information" standard is inadequate in determining custody without a trial. Apparently, no matter how one-sided the evidence may appear, the Judge is still required to hold an evidentiary hearing if the matter is contested. http://j.st/4BUx

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