American law is created in two ways — by statute and by case law. Statutes are proposed and drafted by legislators for that jurisdiction, and other government rules and regulations are drafted by the agencies that are charged with running them. Most laws about family relationships are state laws. The statutes that relate to divorce, separation and children are mostly found in the New York State Domestic Relations Law (DRL) and in the Family Court Act (FCA). These are texts … read more »
Hold Your Grudges!
“But you had an affair!” “But you started drinking … again!” What is a grudge? The Oxford Dictionary website defines it as ‘A persistent feeling of ill will or resentment resulting from a past insult or injury.’ As you can imagine, nearly everyone who walks through the doors of my office to get divorced has a grudge or two in their pocket. I’m sure some are well deserved. Certainly, past insults and injuries are what lead to divorce in the … read more »
What’s Your Story?
“If you are not writing your stories, your stories are being written by others.” – Wajahat Ali “The world is made up of stories, not atoms” – Muriel Rukheyser We are winding down the spring semester Family Law class at CUNY Law School. Last week, in our class about domestic violence, I showed the students a documentary, Crime After Crime1. It’s about Debbie Peagler, who participated in the murder of her boyfriend after he brutally abused her all through her … read more »
Making a Better Child Support Agreement
A few months ago, I wrote a few notes about spousal maintenance. Today, I’d like to write a few notes about child support that I think are important to keep in mind. I gave a basic overview of child support last year, but I thought I would take the time to write about it again, since this is such an important part of any separation agreement. (You’re learning along with my students!) The Child Support Formula In an effort to … read more »
What’s Fair Is Fair… Or Is It?
“I only want what is equitable. That is my operating principle,” Raymond explained as he sat across from me the first time we met. His wife, Lenore, looked intensely at him. “But what you consider to be equitable is not fair to me,” she said quietly. ‘What was going on here?’ I wondered. I’d only met them for a few minutes, but I could see already that they might have some fundamental differences of opinion — in fact, they might … read more »
Breaking the News to the Kids
My clients, Luis and Rosa, have the daunting task of telling their four-year-old son about their upcoming separation and divorce. They have asked me for some suggestions about how to tell him. Here are some pointers I’ve gleaned over the years that might be useful for Luis and Rosa — and for you if you ever find yourself in that position. Tips for Parents Talking to Kids About Divorce or Separation Create a safe atmosphere. Call a meeting at home, in … read more »
NY Spousal Maintenance
In the last post, A Few Notes About Spousal Maintenance, I wrote about new considerations that must be made because of recent changes to the federal tax law. Today, I’d like to circle back to explore the purpose and a little bit of the history of New York spousal maintenance laws. Spousal maintenance, or alimony, is a term for periodic and regular support payments from one ex-spouse to the other for a specified length of time. The concept of alimony … read more »
A Few Notes About Spousal Maintenance…
As you know, an important component of many divorces is the extent to which one person will pay alimony (also called spousal maintenance) to the other — if at all. This often comes up when one spouse has taken time out of the workforce, or when his or her standard of living is likely to decrease significantly upon divorce. The purpose of spousal support is to provide the payee support and give that spouse time to retool so he or … read more »
Who Can You Marry?
Happy New Year! I am thrilled to let you know that this coming semester, I will be teaching New York family law at my alma mater, the CUNY School of Law in Long Island City. It is a community of the most amazingly creative, intelligent, and committed students and professors, all dedicated to law in the service of human needs. I am really honored to have this opportunity! Over the next few months, I will use this space to share … read more »
Facing Your ‘Other’
When I mediate, I am sometimes struck by the fact that our lives can be profoundly affected by the actions of others. It can be frustrating to think about our lives being out of our control. I am happier when I focus on what we can control — particularly our own thoughts, our attitudes, and our actions. Of course, change is difficult, but certainly possible. I have used my thoughts and actions at critical points to change the course … read more »
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