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Family Law Blog New City, New York

News and insights about divorce and family law in New York.

F.A.Q. About Domestic Partnerships in New York

F.A.Q. About Domestic Partnerships in New York As ideas about marriage and households evolve, the legislature attempts to reflect these changes within the laws. One such New York law allows couples who meet certain requirements to be able to file as domestic partners, entitling them to many of the same benefits as married couples.

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Custody, The “Home State,” and UCCJEA

The Uniform Child Custody Jurisdiction and Enforcement Act, also known as UCCJEA, was enacted in 1997 to establish which state has jurisdiction over child custody when more than one state is involved in the dispute. The Act gives the child’s home state jurisdiction over custody: the “home state” is defined as the state the child resided in for at least six months prior to the filing of the action. If the child has lived outside the home state for the six months prior to filing, the other state is given priority. If the child is less than six months old, the home state is whichever state the child has lived in since birth.

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New York Child Support and The Cost of College

Parents who wish to provide for their children’s college education are often confused by how the payment of child support affects their responsibility for their child’s future education costs. While each parent undoubtedly wants to provide for their child’s education, dividing the cost between two parents can be more complicated than just assigning a simple static monetary amount.

Standard child support in New York is calculated by the total combined income of the parents, minus deductions, to determine the pro-rata share of each parent based on the number of children needing support. In New York, the noncustodial parent is required to pay child support until the child reaches the age of 21. For those children who pursue a college education, this means that child support will still likely be paid for a portion of their collegiate years.

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Social Media Use and New York Divorce

Thanks to the widespread use of social media, it is now easier than ever to go online and find out intimate details about other people’s lives. While social media is a great way to keep your friends and family updated on your life, during a divorce or other family law case, social media use can be a liability. Few people realize the extent to which the comments, photos, location check-ins, and other activity can be admissible evidence in a divorce case. If you are considering obtaining a divorce in New York, here are some general guidelines to follow to prevent your social media use from jeopardizing your case.

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Exclusive Use of the Marital Home in New York Divorce

One of the biggest questions clients have when contemplating a divorce is which spouse is entitled to remain in the marital home during the during the proceedings. For obvious reasons, it is not always ideal to have both spouses remain in the home during a contentious divorce. Deciding who goes and who stays, however, sometimes must be decided by the court through an order granting temporary exclusive use of the marital home to one of the parties.

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