Modification of Visitation Order

On August 15, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

Modification of Visitation Order

Has there been a sufficient change in circumstances?

Recently, we have received calls regarding the possibility of modifying a court order of visitation.   A lot of people are unclear about whether you can modify a custody order, similar to the way a custody order can be modified.  The truth of the matter is that a visitation order can be modified for the proper change in circumstances.  Uncovering whether or not the change in your own circumstances would be considered sufficient in the eyes of the court can be a difficult process.

Long Island Divorce Attorney

If you are have concerns about your visitation schedule and think that you may have a good reason to modify it, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak with a family law attorney today!

 

Divorce and Carrying Costs

On May 4, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

What are “Carrying Costs” in Divorce Cases?

In the context of divorce, the term “carrying cost” refers to the expense of maintaining marital property, such as real estate, until the property is disposed of according to the terms of a divorce agreement or court order. Real estate carrying costs may include property taxes, insurance, or utilities, among other things. Typically, if marital property is to be sold, with the proceeds of the sale to be distributed equally between between the spouses, the property’s carrying costs – the costs of maintaining the property until the sale – is also allocated equally between the spouses. New York courts have declined to order a spouse to pay one-half of all carrying costs on marital property where that spouse was financially unable to make the payments. However, where one spouse has paid the other spouse’s carrying costs, a court may credit those payments to the paying spouse’s maintenance obligations. Courts have the power to allocate carrying costs differently as circumstances require.

If you have any questions about maintenance payments, carrying costs, divorce, or other matrimonial or family law issues, The Law Firm of Vaughn and Weber is here to help. Call (516) 858-2620 to speak with a Family Lawyer and Divorce Attorney today!

*Contributions to the research and preparation of this blog were made by Jason Mays, J.D. (awaiting admission in NYS).

Child Custody Disputes: Primary Caretaker as a factor

On May 2, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

Primary Caretaker as a Factor in Child Custody Disputes.

Often, when contemplating a child custody dispute, a parent may expect to be awarded custody of a child simply because that parent has spent more time raising or caring for the child. Depending on the circumstances, however, a court may or may not award custody to such a parent.

The New York Domestic Relations Law – which governs issues such as child custody, divorce, and other family law matters – contains the following language.

In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is for the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly.

With this language, the New York Legislature has directed courts to award custody based on what the court believes to be in the best interests of the child. Courts consider all aspects of a child’s living arrangements and relations with parents when making custody decisions. The fact that one parent has acted as the primary caretaker of the child will certainly be taken into account. But a court will not award custody to either parent for this reason alone. This may seem unfair to some parents. But again, the court’s sole concern in custody determinations is the best interest of the child. Courts are not concerned with redressing grievances between parents, or compensating a parent for his or her investment in a child’s well-being.

If you are currently facing a child custody dispute, or are concerned that you may be facing one in the future, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Turnpike, Suite #208, Mineola, NY 11501.  Call (516) 858-2620 to speak with a Family Law Attorney today!

*Contributions to the research and preparation of this blog were made by Jason Mays, J.D. (awaiting admission in NYS)

Marital Agreements are Binding

On January 15, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

Marital Agreements

Recently, we have received several questions regarding marital agreements such as prenuptial and separation agreements.  The questions seem to focus on whether or not the agreements are binding.  Primarily whether or not a court can decide to modify the terms of such agreements if they are deemed unfair.  The truth of the matter is that these types of agreements are legal contracts.  If executed in compliance of the required formalities, then these agreements are generally binding.  Modifications to these agreements are permissible as long as both parties consent and follow the appropriate formalities for modifications.  Courts, however, will tend not to modify the terms of such agreements unless there are extenuating circumstances.  It is not an easy task to convince a judge to alter or void the terms of these marital agreements.  One exception to this general conclusory statement is when the best interest of an involved child would dictate that the Court intervene and impose its will.  These agreements are very intricate and the necessary terminology can be the difference in whether one of these marital agreements are valid and enforceable or possibly declared void and meaningless.  As always, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a family law attorney!

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