Calculating Divorce Maintenance

In New York, determining maintenance (spousal support or alimony) can be a burdensome task.  This task can become more complicated in situations where one spouse is receiving disability or a long term/permanent personal injury settlement in the form of a tax free annuity.  Although the line between separate property and marital property with regard to such payments is often blurred, the fact of the matter is that these payments can have an effect on child support and even maintenance.  Disability or annuity income can be factored in for the purposes of calculating how much maintenance a spouse should be paying to the injured party.

More importantly, the disability or annuity income should be used by the disabled spouse for the purpose of taking care of the children.  This money should not be discounted when determining who pays carrying costs.  It absolutely should be used to contribute to the support of the children.

Divorce Attorneys

If you are contemplating a divorce in which one of the spouses is receiving some type of disability or personal injury settlement payment, call (516) 858-2620 to speak to a divorce attorney today!

Noncompliance with Financial Disclosure

Amidst all of the emotions that a divorce case brings to the forefront, there are certain details that need to be respected.  One of these details is often met with hesitation.  That would be compulsory financial disclosure required by New York Domestic Relations Law.  Clients seem to be very curious as to how far they can push this requirement without complying.  It need only be said that failure to comply with required financial disclosure can result in penalties under CPLR §3126.  Such penalties can result in having equitable distribution issues resolved in favor of the other party; the Court prohibiting you from being allowed to introduce certain relevant financial evidence necessary to support your case; or even dismissal.  Although it can be tedious to complete the disclosure paperwork, it is still better than losing your share of the marital assets for failing to comply.  If you have any questions regarding this matter or need assistance with a divorce in general, please call 516-858-2620 to speak to a Divorce Attorney today!

 

New York Uncontested Divorce

On July 21, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Uncontested Divorce

In the past few months we have received a lot of phone calls from people who either attempted to file their own uncontested divorce or hired the cheapest attorney they could find to file their uncontested divorce for them.  Unfortunately, these folks have found out the hard way, that mistakes in the paperwork or the filings of these uncontested types of divorce can lead to serious delays and stress.  Although an uncontested divorce is not as technically challenging as a contested divorce may be, it should still be taken seriously.  An uncontested divorce controls the manner in which a marriage is dissolved.  Issues of child custody, child support, maintenance, and property distribution are all at stake when these divorce papers are prepared and filed.  It is very important that you find a competent professional to prepare and file your divorce.  Saving several months time and a lot of money that it takes to fix mistakes in the divorce process is well worth the slightly higher cost that you may pay.  As always, if you have any questions or concerns, feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

Uncontested Divorce

On June 22, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Uncontested Divorce

It has become apparent to me that the term “UNCONTESTED DIVORCE” has a lot of people confused.  An uncontested divorce is actually quite simple.  In short, an uncontested divorce simply means that the two parties will have no dispute as to maintenance, child support, child custody or visitation, or equitable distribution.  If you fit these criteria, then your marriage may be ended via an uncontested divorce.  If there is a dispute to one or more of these issues that cannot be resolved by the parties, then the divorce will be transferred to the contested divorce calendar.  Although the uncontested divorce process is less litigious, it is still wise to consult with and retain an attorney to ensure that the proper paperwork is completed and filed.  Errors in the divorce papers themselves, or filing errors will result in extreme delays of the judgment.  The uncontested divorce process on average will take anywhere between three to six months to complete.  Errors can double or triple that time frame.  Severe errors could lead to a dismissed case or a case being sent to the contested divorce calendar.  Cooperation of the parties can significantly shorten the wait time for the divorce to be complete.

Long Island Divorce Attorney

If you have any questions on how to process an uncontested divorce as quickly as possible, please feel free to contact one of our attorneys at (516) 858-2620!

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