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DWI Defense Blog for Newburgh, New York

Options for enforcing child support in New York

Obtaining a child support order during divorce proceedings may seem easy enough, but enforcing that order can be a whole other issue. While there are parents who will abide by child support orders, there are also those who, for one reason or another, fail to make payments. As custodial parents depend on these payments to care for their children, the state of New York has enforcement policies in place.

The Division of Child Support Enforcement was specifically created to ensure custodial parents are receiving the funds they need for basic needs of any covered children, such as housing, food and clothing. When a noncustodial parent falls behind on payments or simply fails to make payments from the onset of a child support order, a number of actions can be taken to retrieve the overdue funds. Some of these include:

Collecting Social Security benefits after divorce

Figuring out finances for post-divorce life can be a challenge. There is no questioning the financial strain some may feel when dividing assets and losing household income in a divorce. For New York residents who are heading into their retirement years, Social Security benefits can help ease the monetary strain, but, are all former spouses eligible to receive these benefits?

Believe it or not, an ex-spouse may be entitled to Social Security benefits based on his or her former husband or wife's employment history. This is not granted to everyone and certain requirements must be met before these payments will be processed. Some of the factors that are considered include the length of the marriage, the age of the spouse requesting the benefit and the requesting individual's current marital status.

Prenuptial agreement basics; what New Yorkers need to know

There is often a lot of confusion about prenups, including what can be included and who these documents can actually help. The simple truth is that a prenuptial agreement can be an effective tool for any marriage -- if it is properly formulated. For New York residents who are about to tie the knot, here are a few basics about prenuptial agreements.

As mentioned in a previous post, prenuptial agreements do more than simply protect finances. While protecting assets is an important part of a prenup, other concerns also come into play. Those who fall into one of the following categories may also benefit from creating a marital agreement:

Child support inflation adjustment coming soon

For divorced parents in New York, child support issues don't go away until children are ready to go out and conquer the world on their own. Child support can be a stressful topic, especially in tough financial times. For those currently struggling to meet their support obligations, a planned inflation adjustment isn't necessarily going to make things any easier.

Child support inflation adjustments are scheduled to occur every two years. The next scheduled adjustment is just around the corner -- scheduled to take place in mid-February. The current benchmark for combined parental income is set at $130,000. Starting in February, this amount is raising to $141,000.

Divorce during the holidays can be hard on New York families

Working through the divorce process isn't an easy task any time of the year, but those who are doing this during the holiday season may find the timing even more challenging. Thanksgiving and Christmas are big events for most New York families, and while a divorce may seem to put a damper on festivities, it is possible to get through it and still enjoy family time. Achieving this won't be an easy task and takes a conscious effort, but those willing to put in the work can certainly enjoy, rather than dread, this holiday season.

New York couples who are finalizing a divorce during the holidays may have to make adjustments to their usual holiday routine. It is important to remember that, even though it is difficult, change can also be a good thing. This is a great time to consider what new holiday traditions can be started to give this time special meaning. From deciding how to spend time with kids and family to taking a "me" day, there a number of ways to celebrate and still find joy during this trying time.

Is it possible to get through divorce without damaging finances?

Divorces of the famous and/or wealthy are often splashed across headlines. The assets in those types of divorce cases are significant, and many of those couples make it through the process and still feel financially stable for the future. Unfortunately, this type of financial situation doesn't apply to all divorcing spouses in New York.

The simple truth is divorce can be expensive. While there are ways to reduce costs, including using a mediator and avoiding litigation where possible, the amount each spouse is left with after a divorce isn't always enough to live on. Those is in this type of situation may wonder if there is any way to get through a divorce without totally damaging personal finances.

Numerous families in New York are faced with child custody issues

Families in New York and across the country are faced with a number of problems on a daily basis. For some, these problems include child custody issues. Child custody may be sought for a number of reasons by parents, grandparents, other relatives or -- in some cases -- family friends. Regardless of who is filing a child custody petition, there are a few ways a final arrangement can be determined.

One of the most common reasons for filing a custody petition is divorce. Figuring out child custody during divorce is often an area of contention between spouses. While there are those couples who can negotiate and agree to a child custody arrangement, there are also those who may require a formal hearing in court before a custody decision is made.

What can I do to prepare for divorce proceedings?

Preparation is the key to success for most things in life; from running a race, passing tests, getting your dream job or, yes, even working through a divorce. For most couples in New York who choose to end their marriage, divorce can be challenging. While there are those few who can quickly negotiate a settlement and move along, for others, being prepared to face the demands the divorce process can place on individuals can only help make this difficult part of life a little easier to finalize and cope with.

So, what can a person do to help prepare themselves for divorce proceedings? First and foremost, it is important to get finances organized. Money and property are often a significant cause of contention during a divorce. Having documentation of current financial records that include any assets, debts, valuable property, expenses and income can help ensure all property is accounted for before property is divided. Along with having updated financial records, obtaining a personal line of credit or having money stashed away for a rainy day may prove helpful when working through this process.

Divorce or separation? Legal assistance can help with either

Making the decision to end a marriage isn't easy, and under previous divorce laws in New York certain grounds for divorce were required to be established before a divorce was granted. This is where separation agreements were considered so valuable. Those who didn't yet qualify for a divorce could use separation agreements to start the process. However, laws have changed and couples are no longer required to meet these strict guidelines in order for a divorce to be granted. While this law change has been helpful for those ready for a divorce, separation agreements are still a good option for those who are not quite ready to fully commit to divorce proceedings.

Before 2010, in order for a divorce to be granted in New York, one of five acceptable grounds for divorce had to have been established. These included abandonment, adultery and separation for a year minimum. If none of the five acceptable grounds for divorce were established, a separation agreement was considered the next best thing. However, now there is a no fault law that makes getting a divorce granted much easier than in the past.

Getting married? A marital agreement may be a good idea

Couples in New York that are considering marriage may also want to consider getting a prenup. This valuable marital agreement does more than just protect assets -- which was a topic covered in a previous post. If properly designed, it can provide a legal contract for expectations during a marriage and serve as a guide for dividing property should the marriage end in divorce or premature death.

Taking time to create a prenuptial agreement can help avoid costly litigation in the future and help both parties enter marriage knowing their interests are fully protected. However, in order for this to be achieved, it is important to ensure that every little detail is accounted for. With the help of an attorney who specializes in marital contracts, couples can devise an agreement that truly meets all their needs.

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Offices in Newburgh and Middletown Conveniently located 3 minutes from the Newburgh Beacon Bridge on Interstate I-84 Se habla español