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New York Family Law: Parties
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With regard to distribution of property in a divorce action, New York is an "equitable distribution" state. This means that the court has the power to divide marital property regardless of which party owns the property. All property acquired during the marriage, unless it is separate property, is subject to distribution by the court. Separate property includes premarital property, gifts to a spouse by someone other than the other spouse, inheritances and compensation for personal injury. In New York, the court has the power to distribute the value of educational degrees and licenses acquired during the marriage, as well as professional practices (such as a doctor's or a lawyer's practice), business interests, pensions and all manner of stock accounts, bank accounts and the like. The court must divide the property "equitably", but it need not do so in equal shares to both parties.
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In New York, child support is based on the combined income of the parents and how many children the parent is responsible for supporting. For one child, the amount is 17% of the combined parental income; for two children, it is 25%; for three children, it is 29%. If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support and education for the partiesÃ?? children.
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A : A prenuptial agreement, or antenuptial agreement in New York law, is a contract entered into by a man and woman before they marry. The agreement usually describes what each party's rights will be if they divorce or when one of them dies. Prenuptial agreements most commonly deal with issues of property and support--who is entitled to what property and how much support, if any, will be paid in the event of divorce.
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New York matrimonial law does not allow amending a court visitation order without returning to court to request a modification of the existing order. It is possible to attain a modification curtailing visitation rights or making visits contingent upon granting reasonable notice to the visited party of an impending visit but until such a modification is achieved the court ordering visitation must be respected by making the children available for the court ordered visitation.
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In New York, the equitable distribution of property is an important — and often difficult — part of a divorce. The matrimonial law attorneys at the Maxwell & Van Ryn family law firm can help you through the process of determining property division, child custody, and visitation.
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A: A Domestic Partnership can be terminated by either party to the registered Domestic Partnership by filling a termination statement with the New York City Clerk?s offices. The person filing the termination statement must declare that the Domestic Partnership is terminated and, if the termination statement has not been signed by both parties, that the other party has been notified of such termination by registered mail, return receipt requested. Whenever one of the parties to the Domestic Partnership marries the Domestic Partnership terminates.
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