Author Archives: Jay Butchko
Can a Parent Be Held in Contempt for Repeatedly Violating a New York Custody Order?
A New York custody arrangement is not just a suggestion about how to divide your time with your child. Once a judge decides on custody and visitation, both parties should follow those guidelines. However, if one party does not cooperate, the other parent may have legal options. These can include charging the non-compliant party… Read More »
Can a New York Court Impute Income to a Parent Who Is Voluntarily Unemployed or Underemployed?
In New York State, a child support payment is usually based on the parents’ income. However, what happens if one parent voluntarily gives up a high-paying job, works fewer hours, or takes a lower-paying job? Parents cannot evade their child support obligation by lowering their income. In New York, judges can impute income, meaning… Read More »
Can You Appeal a Child Custody Decision in New York?
A child custody decision can significantly affect the lives of both the parents and the children involved. If one of the parties thinks that there was a grave mistake committed by the courts in determining child custody or visitation issues, they are entitled to file an appeal. Nevertheless, it must be noted that the… Read More »
When Will New York Courts Refuse to Enforce a Prenuptial Agreement?
More and more cases involving prenuptial agreements are being brought before the New York courts, usually by couples who have something important at stake, such as their business, inheritance, assets, or future earning capacity. Although courts do uphold these contracts, there will be instances when one party to the marriage can dispute the prenuptial… Read More »
How Divorce Affects Estate Plans, Wills, and Beneficiary Designations in New York
Divorce impacts almost all aspects of your finances, yet few realize that one of those areas needs serious consideration. That, of course, is your estate plan. The will written before your divorce, the beneficiaries of your life insurance, and powers of attorney can be outdated once you have obtained a divorce decree. Even though… Read More »
Can a New Romantic Relationship Affect Child Custody in New York?
Individuals who are undergoing a divorce commonly begin dating other people after the process ends. It should be noted that while finding a new love interest is in the stars for many divorcees, many parents wonder whether their new relationship will influence their divorce or child custody proceedings. In simple terms, having a new… Read More »
What Happens If a Parent Consistently Violates a Parenting Time Schedule in New York?
Your parenting schedule is not simply a suggestion; it is a court order, and both parents are supposed to abide by it. This schedule is designed to provide stability for the child and to ensure connections with both parents, regardless of how it was made. If one parent consistently fails to adhere to it,… Read More »
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 »