Extension of Order of Protection successful on Appeal
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 Protection was keeping Respondent at a distance, and that upon the expiration of the Order of...
read moreNew Protections for Victims of Domestic Violence
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. Now, this type of abuse is recognized as a Family Offense for which a victim can receive protection. If...
read moreProposed Tax Plan Would Hurt Divorced Families
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 tax deduction and the recipient pays taxes based on a lower tax bracket. This tax benefit helps to...
read moreCollege Room and Board Credit for Child Support Payor
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 student at college and any other children living in the home. She also makes a suggestion that...
read moreDomestic Violence is Everyone’s Business
The tragic death of Dr. Robin Goldman of Scarsdale provides an opportunity to encourage community conversations about domestic violence and is a reminder that none of us is immune to it just because we may be educated and affluent. Domestic violence crosses all boundaries of race, ethnicity and economic groups, and we must all be aware that there are those who live in fear in their own homes and relationships. To be active members of our community means that we cannot turn a blind eye to those people trapped in an abusive relationship – by...
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