Family Offense Proceeding- Nature of Relief- Order of Protection Extended for Two Years I obtained an extension of an Order of Protection for Petitioner in the matter of Valenti v. Valenti after providing Family Court with evidence that Respondent was stalking Petitioner and/or the parties’ children, while the Order of Protection was in effect, resulting in Petitioner fearing for her safety.  I argued that the existence of the Order of...

The New York State Legislature has enacted laws to protect victims of domestic violence by helping them to untangle the financial ties that bind them to their abuser. The new laws recognize that victims can be abused financially, by controlling the family finances, including controlling the earnings of the victim, and by forcing the victim to incur substantial debt in their name and to pay more than their fair share of the family expenses. ...

According to The Wall Street Journal reporter, Laura Saunders, the proposed Tax Plan will make being divorced even more costly and will have a direct impact on custodial parents and their children. The new bill proposed by the House would eliminate the existing tax deduction that payors of maintenance receive. According to existing law, when a higher earning former spouse pays maintenance to the lower earning former spouse, the payor receives a...

Please see the attached post from Fabienne Swarz of Financially-Strong.com.  New York law currently permits a child support payor to deduct from child support those sums paid to a college for the student’s room and board.  Ms. Swarz reveals how this credit results in an unfair burden to the custodial parent to fund that child’s living expenses and how it effects the custodial parent’s ability to maintain the home, both for the...