Poughkeepsie Family Law Blog

New York divorce: Don't forget the kids' college education

With so many issues to deal with when negotiating a settlement in a divorce, many people may inadvertently over look planning for college for the couple's children. For New York couples whose children are still relatively young when the couple gets a divorce, the topic of college may be the furthest thing from the parties' minds. However, taking the time to do a little advance preparation during the divorce process can at least establish a framework.

The divorce settlement can at least loosely outline how the couple is going to plan for each child's college. If the couple has already started a college fund such as a 529 plan, that fund can be frozen to prevent either party from making any unauthorized withdrawals. Then each party can agree how much to contribute to the plan each year and how to structure the plan.

New York child support: One state has new way to motivate parents

There are many non-custodial parents in New York that are struggling to make their child support payments. Unfortunately, there may be just as many that could make their payments, but choose not to do so. For those parents, one mid-western state has passed a unique law they think will help motivate those parents to pay their child support.

The law allows judges to sentence parents to community service for not keeping up with their child support payments. Those sentenced to the program called "SHINE" may spend two days a week performing community service projects such as picking up trash or painting walls that have been covered in graffiti. The hope is that parents that are able to pay will decide it would be better and easier to make their support payments than to continue to perform this community service.

New York divorce: What happens when the woman makes more money?

Traditionally, it has been the man that has been the main bread winner for the family. When it came time to divorce, it was the man that paid spousal support; and when a prenuptial agreement was negotiated, it was to protect the assets of the husband. This isn't necessarily the case anymore for New York couples.

With many couples marrying later in life, the possibility of the woman being the main bread winner in the family increases. Women are starting their careers before getting married and acquiring their own wealth and assets in the process. As with any man that has done the same, a woman may need to protect herself just in case the couple gets divorced.

New York divorce: Things to do after the divorce is done

Many people in New York may believe that once a couple steps out of the courtroom with a divorce settlement signed by the judge that they are done. The marriage may be officially over, but that doesn't mean there isn't still work to be done. As the divorce is finalized, there are many papers to be signed.

Depending on the assets involved in the settlement, there may be sale papers or transfer of ownership papers that will need to be taken care of by the parties in order to comply with the settlement. For instance, if there was a house involved in the divorce, there will be papers to sign commensurate with how that house is being handled. If the house is being sold by the parties, there will be documents to contend with. If one party is taking title to the house, a quit claim deed may be needed to transfer the house into that party's name.

New York divorce: Harold Hamm's ex may get up to $5 billion

Many people in New York know that the rich and famous often rely on a prenuptial agreement to protect their fortunes in the event of a divorce. However, prenuptial agreements are not always as air tight as people think. When a couple gets a divorce, issues such as infidelity can often make such an agreement invalid.

This may be the case for Harold Hamm, an oil billionaire who is getting a divorce from his second wife. The couple has a prenuptial agreement, but it may be invalidated if his wife can prove that he was cheating on her during their marriage. If that happens, the oil billionaire could be ordered by the court to give his soon-to-be ex-wife the largest divorce settlement ever recorded.

Facebook leads authorities to dad that owes back child support

Most everyone in New York knows that social media sites like Facebook have become increasingly popular over the past few years. As a matter of fact, their popularity has led child support enforcement agencies and district attorneys to monitor Facebook pages to locate and gather information on non-custodial parents that are behind in their payments. One such father is facing three felony charges as the result of an incriminating Facebook picture of himself that he posted where he is surrounded by a significant amount of cash.

Of course, authorities can't just hack into someone's Facebook page. They must first gather enough information to warrant obtaining a court order instructing Facebook to allow the petitioning agency access. Once they are allowed access, they are free to gather whatever information the subject's Facebook page offers.

New York divorce: Beware of making these mistakes

Many people in New York can attest to the fact that panic is often one of the first emotions when they hear that their spouse wants a divorce. There are so many uncertainties that accompany getting a divorce that it would be easy to freeze and just let it happen. Instead of doing that, finding out what rights and responsibilities each party has to one another and any children may need to be a priority.

Having answers to even the most basic questions can help eliminate at least some of the fear that some people may feel during the process. Having the knowledge of what can and can't be done during a divorce may also keep one spouse from intimidating the other. There are spouses out there that would use one party's ignorance of the process to his or her advantage and elicit cooperation from the other party when it's not necessary.

Michael Jordan says paternity suit is false

Michael Jordan fans in New York may have already heard about the paternity suit filed against him. Jordan denies the allegation that he is the father of a woman's 16-year-old son and is fighting the paternity suit. He has filed a motion to dismiss the lawsuit and is countersuing the woman for making false accusations.

The interesting thing about the woman's allegations is that public records may reveal that the paternity of the child in question was established during a divorce proceeding years ago. According to Jordan's court documents, another man was conclusively found to be the father of the child in question during those proceedings. A spokeswoman for Jordan says he will defend his reputation and himself against these allegations.

New York mother loses appeal to child custody ruling

An appellate court in New York upheld a family court decision to give a father sole custody of his children. The court also affirmed a ruling from the child custody case banning the children's mother from posting anything about them on Facebook. The mother's attorney says the ruling is unfortunate since the children's mother won't be able to post anything positive about her children.

The children's father was granted sole custody of his children after it was revealed that his ex-wife has made disparaging remarks about her then 10-year-old son on Facebook. In addition to being granted sole custody, the family court banned the mother from posting anything about her children on Facebook. Facebook posts of the mother calling her son a severely derogatory name were given as evidence during the child custody proceedings to show that the mother exhibited an "inappropriate pattern of behavior" when it came to her children.

New York divorce: Should you keep the house in today's economy?

There aren't many people in New York that haven't been affected in some way by the recession. The crash of the housing market has even called into question whether someone can keep the house in a divorce. Even under the best of circumstances, it can be difficult to keep a house.

When one party wants to keep the house in a divorce, there needs to be some sort of concession to the other party. For some, this ends up being the right to another asset. However, that is only the beginning. Most often, the spouse not keeping the house is going to want their name off of the mortgage.