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Important statutory changes in NY divorce law effective January 31, 2014

The Combined Parental Income Cap under the Child Support Standards Act, i.e., the amount of parents’ combined income that will be applied to the formula for calculating child support, has been adjusted from $136,000 to $141,000;  and The Income Cap under the Temporary Maintenance Guidelines has been adjusted from $524,000 to $543,000.

Preparing for Divorce

Although no two divorces are exactly the same, there are a number of things that can be done to make the process more efficient. First, even before meeting with your attorney, organize your paperwork so that your attorney will have a more accurate idea of the financial issues:  make copies of tax returns, bank statements, […]

The O’Brien doctrine in NY Divorce Law

A recent Appellate Division decision highlights the ongoing saga of the O’Brien doctrine, which held that an educational degree obtained during the marriage has a monetary value which can, and at times should be divided between the parties. In McCaffrey v. McCaffrey, — A.D.3d –, — N.Y.S.2d — (App. Div. 3rd Dept. June 06, 2013) […]

Commission Reviews New York’s Spousal Maintenance Law

Alimony, known in New York as spousal maintenance, is an emotional and often hotly debated issue in divorces. In 2010 New York enacted guidelines for temporary maintenance awards, i.e. awards to be made while a divorce case is still pending. Unfortunately, although the law provided consistency to such awards, it did not provide any guidelines […]