According to New York Domestic Relations Law, there are certain Automatic Orders, which shall remain in effect while the divorce is pending in Supreme Court. One of these Automatic Orders addressed in this statute prevents any spouse from selling, transferring, encumbering, assigning, or removing any property without the consent of the other spouse. This preserves the ability of the court to make a proper ruling on any and all property that they have jurisdiction over at the time the action is brought. This section of the DRL also covers such topics as 401k retirement plans, health insurance for spouse and children, running up marital debts, and more.
If you or your spouse have filed for divorce or are planning on filing for divorce and you are not sure if this situation is one you will have to encounter, call The Long Island Family Law Firm of Vaughn & Weber, PLLC, at (516) 858-2620 to speak with a family law attorney!
Modification of a Child Support Order or Agreement
Modification of a child support order or agreement.
There are an increasing number of modification questions coming into our firm. Modification of a child support order is slightly different than modification of a child support agreement. It is more rare that a court will order a modification of a child support agreement because it interferes with parties right to contract. Child support agreements are however incorporated into judgments of divorce and are enforced the same as a child support order. It is just a more difficult burden to meet in order to have the court modify the agreement.
If you have a child support agreement or child support order and are having problems making payments or having problems collecting monies owed to you, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC, at (516) 858-2620 to speak with a family law attorney!
Grounds for divorce in NY.
Many New York residents are unclear about what it takes to qualify for divorce. Putting residency requirements aside and before you get into property dispute issues, there exists a hurdle that must be met under New York law. This is to say that you need a legally acceptable reason to terminate a marriage. New York is not a state that accepts Irreconcilable Differences in its Domestic Relations Law. This has caused a great deal of controversy and has garnered much attention over the years. A March 31, 2009 article in the New York Daily News by Jose Martinez touched on how this has caused New York couples unnecessary aggravation (http://www.nydailynews.com/ny_local/state_of_shame/2009/04/01/2009-04-01_how_albany_is_divorced_from_real_world_n.html).
Domestic Relations Law in New York provides the acceptable divorce grounds to be:
1) cruel and inhuman treatment
2) abandonment for a period of 1 year or longer
3) imprisonment for a 3 year period subsequent to the date of marriage
5) conversion of a judgment of separation
6) conversion of a separation agreement after 1 year
Please note that New York now allows a no-fault divorce under DRL section 170(7).
Not sure if you fall into one of these categories? Call the Law Firm of Vaughn, Weber & Prakope, PLLC today at (516) 858 – 2620!