Either parent can petition Family Court for a modification of child custody in Rochester, and when the parents agree that there is a need, and agree on the details of the modification, the petition should move smoothly through the court. There’s no particular advantage to be had in one parent filing as opposed to the […]
Author Archives: Friedman & Ranzenhofer
When your ex-spouse wants you to take physical custody of one of your children, you should seek two modifications in Family Court in Rochester. First, you’ll want a court order that overrides the existing custody agreement and reflects your changed status with your son. Second, you should request a modification to child support to reflect […]
Yes, a contested divorce can become an uncontested divorce at any point – and vice versa – if you and your spouse can reach a negotiated agreement on whatever issues are outstanding. At the Preliminary Conference, the two sides will go through a checklist of items relevant to your divorce to see what elements you […]
Using the no-fault grounds, called Irretrievable Breakdown in New York, is likely to be your fastest and most cost effective path to a divorce, even if your spouse is at fault because of infidelity. It may feel like you’re missing a chance to have a judge ratify the case against your spouse, but the truth […]
As a general proposition, no, marital assets do not accrue during a divorce in Rochester, but the particulars of a given purchase can cause complications during a divorce. When you file, the court will endeavor to lock things like your financial picture in place, and valuations of property, retirement accounts, and other assets and debts […]
Except in cases of domestic violence, your spouse will not be ordered to leave your home in Rochester when you file for divorce. If you are dealing with abuse in the home, you can ask the court for an order of protection as part of your filing. Your spouse will be ordered to leave and […]
If your marriage is on the rocks in Rochester, you’re dealing with a lot. It can be hard to know what your next step is, but if you and your spouse are discussing divorce, it may be time to begin some more targeted conversations. What assets do you share between you, and how do you […]
You can seek a custody modification in Rochester when your circumstances change significantly and make the existing custody agreement untenable. If this happens immediately after your divorce, such as by getting a job offer in another city or state, that is grounds to take your issue before a judge for a new hearing. Generally speaking, […]
No, child support is not tax deductible to the payer, nor taxable income to the recipient. Spousal maintenance (alimony) is tax deductible to the paying spouse and taxable income to the recipient spouse, but when it comes to the costs of raising a child, the IRS treats your child support payments the way it would […]
If you are subject to a child support order and your child has moved in with you, you will not have to continue paying child support, but you do have to go to a judge to have the child support order removed before you can stop paying. That’s an extremely important caveat, and if you […]