Rochester Family Lawyer
Blog URL http://rochesterfamilylawyer.korotkinlaw.com
Located Rochester, New York USA
Tags divorce, custody, child support, separation agreement, adoption, qdro, visitation, lawyer
Rochester, New York, legal blog focusing on divorce, separation, custody, child support, adoption, prenuptial agreements, and other Family Law issues.
Latest Blog Posts
- Can Social Abandonment By A Spouse Be Sufficient As Grounds For Divorce? on Nov 22, 2009 in Domestic Relations Law Family Law New York Law Supreme Court divorce grounds marital fault procedure abandonment attorney county lawyer Livingston Monroe new york New York family law Ontario Orleans rochester Wayne
While New York continues to be the last state that insists upon fault-based divorce, that has not stopped various attempts to broaden present grounds for divorce available under the Domestic Relations Law. In a recent decision, Davis v. Davis, 20...
- Divorce, Equitable Distribution and Appreciation of Separate Property on Nov 15, 2009 in Domestic Relations Law Family Law New York Law Supreme Court divorce equitable distribution attorney economic contribution lawyer Livingston marital property Monroe new york New York family law Orleans rochester separate property Wayne
One issue that comes up periodically in divorce cases has to do with appreciation of separate property brought into the marriage by one spouse. If that separate property is a business that appreciated during the marriage, did that appreciation come...
- Non-Titled Spouse, Enhanced Earnings and Substantial Contribution on Nov 9, 2009 in Domestic Relations Law Family Law New York Law Supreme Court divorce equitable distribution attorney county enhanced earnings lawyer Livingston Monroe new york New York family law Ontario Orleans rochester Wayne
I have previously written about several issues related to distribution of enhanced earnings during the equitable distribution portion of the divorce action here, here, here and here. One of the critical issues facing a divorce lawyer, seeking seeki...
- Child Support and High Income Non-Custodial Parent on Nov 2, 2009 in Child Support Standards Act Family Court Family Law New York Law child support child support enforcement court orders imputed income attorney child support guidelines county Domestic Relations Law Family Court Act income lawyer Livingston Monroe new york New York family law Ontario order Orleans rochester Supreme Court Wayne
I have previously written about various child support issues, here, here, here and here. While the number of issues is substantial, one situation that comes up periodically, is the one where the non-residential parent earns a substantial income, pl...
- Enforcement of Child Support Arrears and Chapter 13 Bankruptcy on Oct 26, 2009 in Bankruptcy Failure to Pay Child Support Family Court Family Law New York Law child support child support enforcement court orders procedure arrears attorney automatic stay county enforcement Family Court Act lawyer Livingston Monroe Ontario Orleans rochester Wayne willful violation
Support Magistrate determined that respondent willfully failed to pay $7,814.90 in child support arrears, and referred matter to Family Court for confirmation. Respondent’s commencement of Chapter 13 bankruptcy stays all actions and proceedings to...
- Divorce, Equitable Distribution and Wasteful Dissipation on Oct 19, 2009 in Domestic Relations Law New York Law Supreme Court divorce equitable distribution attorney county Family Law lawyer Livingston Monroe new york New York family law Ontario Orleans rochester wasteful dissipation Wayne
“Wasteful dissipation” (i.e., DRL 236 (B)(5)(d)(11), hereinafter referred to as “Factor 11”) is a term of art that has never been defined with any real precision, however. It can apparently consist of gambling and poor business judgment, as w...
- Division of Pension, Personal Injury Compensation and Separate Property on Oct 12, 2009 in Domestic Relations Law New York Law Supreme Court divorce equitable distribution attorney county lawyer Livingston marital property Monroe new york Ontario Orleans pension personal injury compensation rochester separate property Wayne
The court effectively delegates to a pension plan administrator the obligation to apportion a disability pension plan between the separate property component of compensation for injury and the marital property portion related to deferred compensation...
