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  • Adoption
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  • Child Support
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    • Contested Divorce
  • Equitable Distribution (Property Division)
  • Modification and Enforcement
  • QDROs
  • Separation Agreements
  • Spousal Maintenance (Alimony)
• Client Bill of Rights
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  • 2023
    • June
      • How To Protect Assets in Divorce
    • May
      • Divorce and Children: Strategies for Co-Parenting and Putting Kids First
  • 2022
    • August
    • June
      • Changes to New York's Bankruptcy Exceptions
      • Top Five Things Not To Do Before Filing Bankruptcy
      • Bankruptcy Planning, Debt and 401(k)
      • Chapter 13 Bankruptcy, Co-Debtors and Automatic Stay
      • Fraudulent Conveyances and Bankruptcy
      • Fraudulent Conveyances and Bankruptcy
      • Homestead Exemption and Multi-Family Residences in New York
      • Changes to the Bankruptcy Means Test as of April 1, 2013
      • Executory Contracts and Leases in Bankruptcy
      • Upcoming Chapter 7 and Chapter 13 Bankruptcy Filing Fees Increases
      • Creditors’s Responsibilities After Bankruptcy Filing
      • Bankruptcy Fraud and Revocation of Discharge
      • Homestead Exemption and Married Spouses
      • Bankruptcy and Eviction
      • Student Loans and Chapter 13 Bankruptcy
      • Disqualification of Debtor From Filing Chapter 7 Bankruptcy
      • Past Judgments, Real Estate and New York’s Exemptions
      • Chapter 7 Bankruptcy, Chapter 13 Bankruptcy and Debtor’s Credit Report
      • Bankruptcy and Judgments
      • Banking After Bankruptcy
      • Converting From Chapter 7 to Chapter 13 Bankruptcy
      • Economic Support and Equitable Distribution
      • Debt Settlement – Does It Work?
      • Debtors and Failure to Turnover Nonexempt Assets
      • Car Ownership and Bankruptcy
      • Failure to Pay Child Support and Federal Criminal Liability
  • 2020
    • October
      • How Far Back Can Child Support Be Recalculated?
      • Automatic Orders During Divorce Can Only Be Enforced Prior to the Entry of Judgment
      • Sperm Donation, Paternity, and What Not to Do
    • September
      • Discipline For Children Who Refuse to Engage in Court-Ordered Visitation
      • Is Your Car Too Expensive? Bankruptcy Can Help
    • March
      • What Happens to My Bankruptcy Case During the Coronavirus Pandemic?
      • What Happens to My Court Case During the Coronavirus Pandemic?
    • February
      • Obtaining Original (Pre-Adoption) Birth Certificate for Adoptees
      • Are Pension or 401k Loans Dischargeable?
    • January
      • Update on Discharge of Student Loans – $221,000 in Student Loans Discharged
      • Collection of Child Support Arrears
  • 2018
    • May
      • Temporary Spousal Maintenance and Marital Residence Expenses
    • January
      • Exclusive Possession of Marital Residence Revisited
  • 2016
    • September
      • Expanding Definition of What It Means to Be a Parent
    • July
      • Final Custody Determination Requires a Plenary Hearing
      • Determining Chapter 13 Repayment Plan Payment
    • April
      • Debtor and Ability to Reopen Bankruptcy
      • Parent Who Is Prevented From Seeing Child By Other Spouse Is Not Obligated To Pay Child Support
    • February
      • Health Savings Accounts, Flexible Spending Accounts and Bankruptcy
    • January
      • What Makes a Marriage Valid?
  • 2015
    • November
      • New Temporary Spousal Maintenance Provisions are Now In Effect
      • Student Loans and Possibility of Discharge
    • September
      • Making a Choice Between Bankruptcy and Short Sale
      • Enforcement Proceedings and Attorney Retainer
    • August
      • Validity and Finality of Custody Stipulations
    • July
      • New York Legislature Passes New Statute Modifying Temporary and Post-Divorce Spousal Maintenance Formulas
      • Can Debtor Keep a Credit Card After Filing Bankruptcy
    • June
      • Timeline of Chapter 7 Bankruptcy Case
      • Allocation of Child Care Costs in Child Support Cases
      • Terminating Spousal Support Provisions After Divorce Due to Change In Circumstances
      • Stripping Second Mortgages in Chapter 7 Bankruptcy
    • May
      • Unpaid College Tuition Can Be Discharged In Bankruptcy
      • Service of Divorce Summons Over Facebook
    • March
      • Enforcement of Payment Obligations Pursuant to Judgment of Divorce
      • Changes to the Bankruptcy Means Test as of May 15, 2015
      • Reinstatement of Dismissed Chapter 13 Bankruptcy
      • Enforceability of Prenuptial Agreements
    • February
      • Constructive Emancipation and the Child’s Conduct
    • January
      • Duration of Residency in New York as Prerequisite to Divorce Action
      • Statement That Marriage Was Irretrievably Broken Is Sufficient to Establish Cause of Action For Divorce
  • 2014
    • October
      • Credit for Payments Made to Satisfy the Other Spouse’s Legal Obligations
    • September
      • Tracing Method of Dividing Defined Contribution Retirement Assets
      • Temporary Maintenance and Payment of Additional Expenses by Monied Spouse
    • July
      • Standard of Living, Diminished Income, Spousal Maintenance and Child Support
    • May
      • Updates to New York’s Child Support Standards Chart
      • Surrogacy and Adoption
    • March
      • Transmutation of Separate Property into Marital Property
    • February
      • Minors and Rescission of Acknowledgment of Paternity
  • 2013
    • October
      • Update on Duration of Maintenance
    • September
      • Shared Custody and Child Support – Number of Overnights Controls
    • June
      • Future Changes to Spousal Maintenance
    • April
      • Mother Ordered to Stop Posting About Her Children on Facebook
    • March
      • Dischargeability of Debt and Objections by Creditors
      • Validity of Prenuptial Agreements in New York
    • January
      • There Is No Right to Grounds Trial In A No-Fault Divorce Case
  • 2012
    • September
      • Statute of Limitations and No-Fault Divorce
    • April
      • Chapter 13 Discharge and Child Support Arrears
      • A Cause of Action for DRL 170(7) Can Be Added to A Divorce Complaint Filed Prior to October 2010
    • March
      • New Bankruptcy Court Judge in Rochester
      • Changes in Temporary Maintenance and Child Support Statutes
    • February
      • Should 401K Loans Be Used to Avoid Bankruptcy?
      • Violation Petition Must Be Sufficiently Specific to Provide Notice of Alleged Violation
    • January
      • Bankruptcy and Cash Advances
      • Ratification of Settlement and Separation Agreement
  • 2011
    • November
      • Who Will Be the Next Bankruptcy Judge in Rochester?
      • Parent’s Obligation to Pay for College Is Not Limited To Cost of SUNY Education Unless Proven Otherwise
    • October
      • Upcoming Changes in Bankruptcy Filing Fees
      • Upcoming Changes to the Means Test Figures
      • Need to Preserve Relationship with Parent Does Not Take Precedence Over Economic Factors in Relocation Cases
    • September
      • Failure to Compete Financial Management Course and Denial of Discharge
      • Family Court Referees and Their Authority to Hear Cases
      • Interference with Visitation May Result in Change in Custody
      • Chapter 7 Bankruptcy, Chapter 13 Bankruptcy and Creditors’ Chain of Title
    • August
      • Adversary Proceedings – What Are They?
      • Step-Parent Adoption and Consent of Biological Father
    • July
      • Cell Phones and Bankruptcy
      • Can a Parent Travel with Young Child Abroad Over Custodial Parent’s Objections?
      • Meeting of Creditors and Debtors’ Duty to Provide Bank Statements Treatment of Social Security Benefits in Chapter 13 Bankruptcy
      • Same Sex Marriage Bill Passes in New York
    • June
      • Meeting of Creditors and Debtors’ Duty to Provide Bank Statements
      • Can a Child Bring Petition Seeking Modification of Custody?
      • Bankruptcy, Credit Unions and Cross-Collateralization of Loans
      • Statute of Limitations and QDROs
      • Importance of Providing Accurate Information in Your Bankruptcy Petition and Schedules
      • Tax Implications in Divorce – Need for Trial Evidence
    • May
      • Downward Modification of Child Support, Scope of Job Search and Custody Issues
      • Utility Services After Bankruptcy
    • April
      • What Are the Benefits of Bankruptcy?
      • Contempt and Enforcement of Court Orders
      • Hardship Discharge in Chapter 13 Bankruptcy
      • Can a Divorce on No-Fault Grounds Be Opposed?
    • March
      • Upcoming Changes to the Means Test
    • February
      • Bankruptcy Filings in Western New York
      • When Can a Marriage Be Terminated by an Annulment?
      • Tax Refunds and Chapter 7 Bankruptcy
      • Automatic Orders and Contempt in Divorce Actions
    • January
      • Under the New Law, Federal Bankruptcy Exemptions Are Available in New York
      • Multiple Child Support Orders and Change In Circumstances Warranting Modification of Child Support
      • Debtors Get More Time to Take Personal Financial Management Course
  • 2010
    • December
      • Changes to New York’s Bankruptcy Exemptions
      • Does Family Court Have Jurisdiction Over Family Offenses Committed Outside of New York?
      • What Does Debtor Need to Bring to the Meeting of the Creditors?
    • November
      • Update of Recent Cases Involving Enhanced Earnings
      • Who Will Find Out That I Filed for Bankruptcy?
      • New Temporary Maintenance – How Does It Work?
      • Bankruptcy Filings in Western New York
    • October
      • Upcoming Changes in the Means Test
      • Major Changes in New York’s Family Law Are Now In Effect
      • Does the Debtor Need to Be Employed to File Chapter 7 Bankruptcy?
      • Equitable Distribution of Businesses and Enhanced Earning Capacity Does Not Always Mean Equal Distribution
    • September
      • Second Mortgage in Chapter 7 and Chapter 13 Bankruptcy
      • Upcoming Changes to New York’s Child Support Law and Social Services Law
    • August
      • Who Qualifies for Bankruptcy?
      • No-Fault Divorce Becomes Law In New York
      • Paying for a Bankruptcy
      • Repaying Debts After the Bankruptcy
      • Acknowledgment of Paternity – Should It Be Signed By the Putative Father?
    • July
      • Upcoming Changes to New York’s Bankruptcy Exemptions
      • Chapter 7 Bankruptcy, Chapter 13 Bankruptcy and Immigration Status
      • A Brief Summary of Collaborative Law – A Way Toward Amicable Divorce
      • Do Both Spouses Have to File for Bankruptcy Together?
      • Do Divorce Settlements Survive Bankruptcy?
      • Another Update On No-Fault Divorce In New York
      • Can You Be Fired for Filing Bankruptcy?
    • June
      • Should You Hire a Bankruptcy Lawyer?
      • Chapter 13 Bankruptcy and Projected Disposable Income
      • Means Test – Inclusions and Exclusions
      • Parental Interference, Parental Alienation and Available Sanctions
      • Bankruptcy and Repayment of Debts Owed to Relatives
      • Asserting Equitable Estoppel As a Defense to a Paternity Proceeding
    • May
      • Adversary Proceedings in Bankruptcy
      • Custody and Other Issues Related to Emancipation of Minors
      • Another Remedy for a Failing Chapter 13 Bankruptcy- Amending Bankruptcy Plan
      • Prenuptial Agreements and Waiver of Retirement Rights
      • Debtor Who Can’t Make His Chapter 13 Bankruptcy Payments and Hardship Discharge
      • Varying From Statutory Child Support Percentages
      • Bankruptcy Basics – All About Automatic Stay
      • For Unmarried Couples, Promise to Support Your Significant Other Is Not Binding
    • April
      • What Happens if a Creditor Is Omitted in Chapter 7 Bankruptcy
      • Grounds for Divorce Revisited
      • Dividing Photographs and Other Mementos in Divorce
      • Bankruptcy and Personal Injury Lawsuits
      • Bankruptcy and Cash In Excess of New York’s Exemption
      • Are Lifetime Medical Insurance Benefits Subject to Equitable Distribution?
      • Bankruptcy, Cancellation of Debt and Tax Issues
      • Update on Dissolution of Out-of-State Civil Unions
    • March
      • Emergency Bankruptcy Filing – It Can Be Done
      • Divorce and Reformation of Settlement Agreement
      • Top Ten Bankruptcy Myths
      • Chapter 7 and Chapter 13 Bankruptcy, Giving Advice to Clients and Restrictions Under BAPCPA
      • Update on Progress of New York’s No-Fault Divorce Legislation
      • Limitations on Child Support Arrears and Child Support Standards Act
      • Child Support and Public Assistance
    • February
      • Divorce, Separation and Selection of Tax Status for Filing
      • Divorce, Monetary Obligations and Statute of Limitations
      • Chapter 7 Bankruptcy and Stripping of Unsecured Second Mortgage
      • Custody, Visitation and Disclosure of Parent’s Psychological Records
      • Second Vehicles, Motorcycles and Bankruptcy
      • Order of Protection, Divorce and Surveillance
    • January
      • Chapter 7 Bankruptcy, Chapter 13 Bankruptcy and Purchase of a Vehicle
      • Child Support, Emancipation and Child’s Economic Independence
      • Bankruptcy, Bad Checks, Discharge and Criminal Liability
      • Determining Validity of Separation Agreements
      • Automatic Stay and Proceedings in New York Family Court
      • Grounds for Divorce, Truthfulness, Paternity and Consequences
      • Filing for Chapter 7 Bankruptcy and Keeping Your Bank Accounts
      • Appreciation of Separate Property and Equitable Distribution
      • Eviction, Chapter 7 Bankruptcy and Chapter 13 Bankruptcy
      • Disability Payments, Divorce and Equitable Distribution
  • 2009
    • December
      • Do Debtors Meet Bankruptcy Judge During Their Chapter 7 Bankruptcy?
      • Vacating Settlement Agreements on Grounds of Mutual Mistake
      • Chapter 7 and Chapter 13 Bankruptcy, Recent Move by the Debtor and Applicable State Exemptions
      • Return From Military Service and Reconsideration of Custody Orders
      • Should You Use Credit Cards Once You Decided to File Chapter 7 or Chapter 13 Bankruptcy
      • Constructive Emancipation, Burden of Proof and Contact With the Child By Non-Custodial Parent
      • Mistakes to Avoid When Filing For Chapter 7 or Chapter 13 Bankruptcy in New York
    • November
      • Reviewing Your Chapter 7 and Chapter 13 Bankruptcy Petition – A Critical Part of Your Bankruptcy Process
      • What Is Required For A Document To Be Accepted As A Separation Agreement?
      • Small Business and Chapter 7 Bankruptcy
      • Can Social Abandonment By A Spouse Be Sufficient As Grounds For Divorce?
      • Why a Free Consultation Is Important in Chapter 7 or Chapter 13 Bankruptcy
      • Divorce, Equitable Distribution and Appreciation of Separate Property
      • Can You File Chapter 7 Bankruptcy If Your Income Exceeds Median Family Income?
      • Non-Titled Spouse, Enhanced Earnings and Substantial Contribution
      • Chapter 7 Bankruptcy and Unpaid Tax Liabilities
      • Child Support and High Income Non-Custodial Parent
    • October
      • Enforcement of Child Support Arrears and Chapter 13 Bankruptcy
      • Can Trustee Search Your Residence in Chapter 7 or Chapter 13 Bankruptcy?
      • “Pond” Motion and Avoiding Second Mortgage Lien in Chapter 13 Bankruptcy
      • Divorce, Equitable Distribution and Wasteful Dissipation
      • Social Security Retirement, Social Security Disability and Chapter 7 and Chapter 13 Bankruptcy
      • Chapter 7 and 13 Bankruptcy and Inheritances
      • Division of Pension, Personal Injury Compensation and Separate Property
      • Bankruptcy and Utility Bills
      • Joint Bank Accounts and Creation of Marital Property
    • September
      • Refiling Chapter 13 Bankruptcy After Dismissal
      • Upcoming Changes to New York’s Child Support Statute
      • Modification of Visitation Based on the Age of the Child
      • Confirmation Hearing in Chapter 13 Bankruptcy
      • Domestic Relations Law §255, Settlement Agreements and Judgments of Divorce
      • Divorce Actions and New Automatic Stay Orders
    • August
      • Converting From Chapter 13 to Chapter 7 Bankruptcy
      • Making Deals in Divorce and Subsequent Change in Circumstances
      • Equitable Distribution, Maintenance and Health Insurance – Upcoming Changes in the Domestic Relations Law
      • Divorce and Dissolution of Out-Of-State Civil Unions
      • Chapter 7 Bankruptcy and Denial of Discharge for Willful or Malicious Injury
    • July
      • Custody, UCCEJA and Jurisdictional Issues
      • Debtor and Bank’s Right of Setoff
      • Your Homestead Exemption in Chapter 7 Bankruptcy
      • Equitable Distribution and Degrees, Licences and Enhanced Earnings Capacity Acquired During the Marriage
      • Modification of Child Support Orders and Family Court’s Jurisdiction
      • New Student Loan Program and Debt Relief
      • Student Loans Guaranteed By Parent and Bankruptcy
      • Discharging Income Taxes in Bankruptcy
      • Pendente Lite Motions and Available Relief
    • June
      • Creditor Can’t Contact Debtor After the Bankruptcy Is Filed
      • What Is Required to Obtain Divorce on Constructive Abandonment Grounds in New York
      • Chapter 7 Bankruptcy, Student Loans and Hardship Discharge
      • Child Support, Equitable Estoppel and Same-Sex Relationship
      • Chapter 7 Bankruptcy and Reaffirmation Agreement
      • Failure to Disclose Assets in Bankruptcy, Confirmation of Chapter 13 Plan and Revocation of Confirmation Order
      • Divorce, Timeliness of Qualified Domestic Relations Orders and Statute of Limitations
      • Pay Stubs Requirement and Bankruptcy
      • Pay Stubs Requirement and Bankruptcy
      • Recoupment of Maintenance After Successful Appeal
    • May
      • Attorneys Fees Ordered in Family Court and Discharge in Chapter 7 Bankruptcy
      • Workers Compensation and Chapter 7 Bankruptcy
      • Paying for Summer Camp and Child Support
      • New York Child Support Add-Ons and Basics of Child Support
      • Chapter 7 Bankruptcy and Tax Refunds
      • Chapter 13 Bankruptcy and Property Tax Arrears
      • Chapter 7 and Right of Redemption
      • Overpayment of Pendente Lite Maintenance and Equitable Distribution
      • Chapter 13 and Payment of Student Loans Under the Plan
      • Removing Judgments After the Bankruptcy
      • Payments on Pre-marital Debt and Right of Recoupment – Update
      • Bankruptcy Basics – Preferences
      • Bankruptcy Basics – Credit Counseling and Financial Education Requirements
      • Separated Siblings and Their Right of Visitation
    • April
      • Chapter 7 Means Test
      • Parental Interference With Visitation and Suspension of Child Support
      • Chapter 7 Bankruptcy and Objections to Discharge
      • Divorce, Equitable Distribution and Marital Fault
      • Bankruptcy Basics – Meeting of the Creditors
      • Bankruptcy Basics – Domestic Support Obligations
      • Unmarried Fathers, Child Support and Liability for Birth Expenses of the Child and the Mother
      • Downward Modification of Child Support
      • Rebuilding Your Credit After Bankruptcy
      • Bankruptcy Basics – The Process of Filing and Completing Chapter 13 Bankruptcy
    • March
      • Bankruptcy Basics – The Process of Filing and Completing Chapter 7 Bankruptcy
      • Recession and Increase in Downward Modifications Petitions
      • Bankruptcy Basics – A Brief Summary
      • Chapter 7, Chapter 13 and Means Test in Bankruptcy
      • Chapter 7, Chapter 13 and Means Test in Bankruptcy
      • New York Bankruptcy Exemptions
      • Long Term Separation, Maintenance and Problems of Proof
      • Transmutation and Converting Separate Property to Marital Property
      • Child Support Calculation and Income Tax Refunds
      • Overpayment of Child Support and Right of Recoupment
      • Basics of Paternity in Family Court
      • Basics of Bankruptcy Discharge and Domestic Support Obligations
      • The Right to Create Grandchildren After the Death of a Child
    • February
      • Economic Contribution of Parties to Marriage and Equitable Distribution
      • Downward Modification of Maintenance
      • Divorce and Exclusive Possession of Marital Residence During Pendency of the Action
      • Visitation and Older Children
      • Paying for College – A Requirement Under the Child Support Standards Act?
      • Recent Amendment to Domestic Relations Law §240
      • Non-marital Property Is Not Subject to Distribution
      • Same Sex Marriage and Inheritance Rights
      • Basics of Prenuptial Agreements
      • Abandonment and Basic Obligations Arising Out of Marital Contract
    • January
      • Child Support, Abandonment and Constructive Emancipation of a Child
      • The Role of Attorney for the Child in Custody and Visitation Disputes
      • Same-Sex Spouse Needn’t Be Certified to Adopt Partner’s Child
      • Basics of Collaborative Family Law
      • Termination of Parental Rights and Step-Parent Adoption
      • Custody and Non-Parents
      • Equitable Distribution of Professional Licenses, Enhanced Earnings and Maintenance
      • Assigned Counsel in Divorce and Custody Cases
      • Enhanced Earnings, Child Support and Equitable Distribution Payments
  • 2008
    • December
      • Opt-Out Agreements and the Scope of the Child Support Standards Act
      • Divorce and Other Family Law Proceedings and Attorneys Fees Award
      • Tax Issues in Custody and Divorce
      • Grandparents’ Right of Visitation
      • Interstate Custody Disputes and Jurisdictional Issues
      • Divorce, Immigrant Spouse, Maintenance and Affidavit of Support
      • Divorce and Leaving Marital Residence
      • Divorce, Attorneys Fees and Unequal Economic Positions of the Parties
    • November
      • Bankruptcy and Divorce
      • Basics of Maintenance
      • Paternity and Equitable Estoppel
      • Divorce and Appreciation of Separate Property
      • Divorce and New York’s Residency Requirements
      • Basics of Identifying Separate Property in Divorce
      • Basics of Distributing Retirement Assets
      • Pending Bill in New York Assembly With Respect to Divorce and Child Support Standards Act
      • Child Support and Credit for College Expenses
      • New York Court Grants Same Sex Divorce
      • Basics of New York’s Grounds for Divorce
    • October
      • Non-custodial Parent’s Right to Particpate in Child Rearing Decisions
      • Basics of Equitable Distribution
      • “Cohabitation” and Interpretation of Separation Agreement’s Provisions Applicable to Maintenance
      • Child Support in Shared Custody Situations
      • Custody Basics
      • Relocation and Modification of Custodial Arrangements
    • September
      • Wife Receives a Credit of 50% Of Husband’s Premarital Debt Paid During the Marriage
    • August
      • Child Support Modification and Contents of a Family Court Petition
      • Change in Health Condition and Maintenance
      • Temporary Maintenance and Prenuptial Agreements
      • Duration and Amount of Maintenance
      • Child Support and Imputed Income
      • Family Court Lacks Power to Modify Maintenance Provision in Separation Agreement
      • New Child Support Surcharge
      • Massachusetts Same Sex Marriage and Same Sex Couples Residing in New York
      • Recent Changes to the Family Court Act Related to Orders of Protection
      • Parent’s Obligation to Pay College Expenses Does Not Always Terminate at the Age of 21
      • Criminal Penalties Related to Child Support
    • July
      • Starting a Practice and Starting a Blog
      • Out-Of-State Orders and New York Child Support
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