Author Archives: Jay Butchko
What Happens to Frequent Flyer Miles, Credit Card Rewards, and Hotel Points in a New York Divorce?
Dividing property between spouses during divorce often entails more than simply deciding which party will get the house or how the money from pension plans will be divided. A couple that has been married for some time may have accrued substantial amounts of travel rewards, such as airline miles, hotel loyalty points, and other… Read More »
Can a Parent Change a Child’s School Without the Other Parent’s Permission in New York?
One of the major disputes that parents may have after a divorce is where their child will go to school. If parents are jointly responsible for their child, neither parent can decide alone to transfer the child between schools without the other parent’s approval. The parents must reach a consensus on the matter. Who… Read More »
When Can Grandparents Seek Custody of a Child in New York?
Typically, child custody cases will be between the child’s parents. However, there are certain situations in which the child’s grandparents or other close family members can petition for custody. In New York State, it is well recognized that in many cases, grandparents are essential in the upbringing of the child, especially when one of… Read More »
Can a New York Divorce Settlement Be Reopened After It Is Final?
Many folks are under the impression that after a divorce is concluded, everything becomes final and definite. Usually, this is the case. A judgment in a divorce or settlement agreement is meant to ensure certainty and allow both parties to start their new lives. Nevertheless, there are certain circumstances in which a New York… Read More »
How New York Courts Value a Professional Practice During Divorce
The allocation of property between separating spouses becomes an even more difficult task when one of them owns a professional practice or business. Under New York law, courts are required to make a determination on both the marital property and its appropriate value and division. In this article, we’ll review one landmark decision concerning… Read More »
Relocation and Long-Distance Parenting in New York
Cases involving child custody become even more dramatic when one parent wants to move away with the child. The courts in the State of New York need to consider the rationale behind the custodial parent’s desire to move, along with the effect that this might have on the custodial parent-child relationship. In this article,… Read More »
Understanding Paternity by Estoppel in New York
Issues of paternity play an essential role in the process of establishing child custody, visiting rights, and child support in the family courts of New York State. While DNA tests serve as the gold standard in proving parentage, New York family law acknowledges certain scenarios when an individual would be considered a child’s parent… Read More »
When Can Spousal Maintenance Be Modified in New York?
Spousal maintenance, once called alimony, tends to be among the most disputed items in any New York State divorce proceeding. While a maintenance order ensures that someone receives financial assistance after the breakdown of their marriage, there may be reasons for changing the maintenance order, either by reducing it or ending it altogether. These… Read More »
How New York Courts Decide Child Relocation Disputes
Disputes regarding whether a custodial parent is allowed to move to another location with a minor child are considered some of the most difficult cases in family law. Sometimes, relocating can interfere with the non-custodial parent’s ability to establish a significant connection with the child. In this article, the Rockland County family law attorneys… Read More »
Understanding Equitable Distribution in New York Divorce
One of the most contentious topics in a divorce proceeding is how to distribute the couple’s marital property. While other states divide marital property exactly in half, the State of New York uses an approach called equitable distribution, meaning assets are distributed equitably as opposed to evenly. In this article, we’ll discuss a case… Read More »