Category Archives: Family
Contested Paternity in New York Family Law Cases
Paternity disputes can be complicated by the fact that there are multiple people claiming to have paternal rights. Even with the use of genetic testing, the New York courts prioritize the stability of the family for the child over biological facts. In this article, we’ll discuss a case where two men claimed to have… Read More »
False Allegations and Custody Decisions
In child custody cases, the question that the courts ask is: what’s best for the child? In New York, the “best interest of the child” standard reigns supreme. Here, the court examines the conduct, credibility, and ability of each parent to provide stability. In this article, the Westchester County, NY, family law attorneys will… Read More »
Equitable Does Not Mean Equal: Uneven Asset Distribution in New York Family Law Cases
In New York family law cases, the courts follow the principle of equitable distribution. This means that the marital estate may not be divided evenly between the two parties. In some cases, the court will award more of the marital estate to one party than the other. In this article, we’ll discuss a New… Read More »
High-Income Divorce and Spousal Support: How Alimony Works in New York State
In New York divorce cases, there is need for the court to make a just division of financial obligations between spouses who have different earning capacities. Spousal maintenance, also known as alimony, is applicable in these cases. Alimony is generally awarded to the spouse with the lower income and earning potential after the divorce…. Read More »
The New York Courts Address a Contested Custody Case
In New York, contested custody issues can be decided by the courts. In all cases, the courts will decide the matter on the basis of the best interests of the child. In this article, the Westchester County, NY, child custody attorneys at the Law Office of Robert S. Sunshine will discuss a real New… Read More »
Contested Alimony Awards in New York Divorce Cases
One of the most disputed issues in New York divorce cases is spousal maintenance, which is more commonly referred to as alimony. In cases where there is a lack of agreement on whether a spouse is entitled to spousal maintenance, how much they should receive, and for how long, it is up to the… Read More »
Contested Child Support Determinations in New York
Child support is one of the most commonly litigated issues in New York’s Family Court. Even in cases where custody and parenting time issues have been agreed upon, child support calculations, caps, and imputed income can lead to contested hearings and appeals. The most recent appellate decision demonstrates how New York courts review contested… Read More »
When Divorce Does Not Mean an Equal Split: How New York Courts Handle Uneven Property Division
Many individuals involved in divorce presume that marital assets will simply be divided evenly. This is not true for New York State. Instead, an equitable distribution applies. This means that assets from a marriage will be divided in a manner that is equitable to both parties. An example of an unequal division of the… Read More »
When Custody Becomes Contested: How New York Courts Decide What Is Best for a Child
Custody battles are never simple, especially in instances where there are irreconcilable differences between the two parents regarding child-rearing practices. Ultimately, under New York law, in all cases regarding custody, there is one overriding consideration: What is in the best interests of the child? Recent proceedings in a contested custody battle heard by New… Read More »
When Joint Custody Breaks Down: What a New York Contested Custody Appeal Teaches Parents
Custody disputes are among the most stressful events a parent can encounter in family court. It can become impossible to effectively communicate with the other parent. Joint custody is not always a viable solution once communication no longer occurs. The court is frequently called upon to make a determination in a custody agreement that… Read More »