Under current law, if a heterosexual male has a one night stand with a woman and she becomes pregnant, the man is legally obligated to pay child support. Furthermore, in situations where a male is paying child support to a woman even when he is not the father, he cannot discontinue payments under the doctrine of "equitable estoppel". This … [Read more...]
No Fault Divorce Coming To New York?
New York is currently the only state in the United States that does not have a true no fault divorce law. However this may soon change. On Tuesday June 15, 2010 the New York State Senate approved a statue that would permit couples to obtain a divorce by mutual consent. For many decades, New York has had the most conservative divorce laws in the … [Read more...]
Parental Alienation- Wars Between Parents
When custody or child visitation issues occur between separated or divorced parents, one or both parents sometimes seek to curry favor with the child or children. The parent takes this action either to ensure that he or she will receive custody or receive child support payments. In addition to currying favor with the child, some parents seek to … [Read more...]
Representing Children, “The Attorney For The Child”
New York Governor David A. Patterson has recently signed a law that modified the statutory language regarding attorneys who represent children in the Family Court of the State of New York . We wrote about an attorney's obligations to a child clint HERE. Attorneys representing children in New York Family Courts have the title "attorney for the … [Read more...]
Help! My Child Support is Too High
Child support in the State of New York is paid by the non-custodial parent to the custodial parent. The amount of child support is usually set in a Judgement of Divorce, a Separation Agreement or by the Family Court. In most instances, the child support is paid by the father of the child to the mother of the child. Daddy Loses His Job What … [Read more...]
Are Non-Modifiable § 516 Non-Marital Child Support Agreements Unconstitutional?
As an office that has a very strong Matrimonial and Family practice, it is with great interest that we read Noeleen Walder's recent article in the New York Law Journal ("NYLJ," subscription required). She reported that the current non-modifiable status of § 516 child support agreements for non-marital children, may soon be changing. Child Support … [Read more...]
