Buffalo Family Law Counsel | Linda M. DiPasquale, Attorney at Law 2025-03-31T12:26:24Z https://www.divorcelawyerinbuffalo.com/feed/atom/ WordPress On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46983 2020-03-30T22:20:24Z 2020-03-30T22:20:23Z

differences between the arrangements and how to determine which may be right for you. Open adoption In an open adoption, both adoptive and birth parents maintain regular contact both pre- and post-placement. During the pre-placement phase, you may correspond regularly with the birth mother via email and telephone. You may even visit the birth mother in-person before the child is born. During the post-adoption phase, you and the birth mother will continue to communicate, with you sharing information and updates on your adopted child. To make sure neither party oversteps his or her boundaries, you and the birth mother will need to agree as to what type of relationship the birth mother will have with the child and the frequency of contact. Open adoption is becoming increasingly popular, and for good reason. The open relationship benefits all involved parties, especially the child. Children in open adoption relationships benefit from the ability to contact their birth parents whenever questions arise. They also enjoy greater peace of mind that their birth parents’ decision was in their best interests. If you opt for open adoption, you should always do your best to honor the agreement as time passes. Closed adoption In a closed adoption, there is little to no communication between the parties either before or after the adoption takes place. Though you and the birth mother may communicate briefly pre-adoption, an adoption specialist will mediate most of the process. In a closed adoption, you nor the other party will exchange information. This means you are unlikely to receive the birth mother’s medical records. Once the child is born, the birth mother will not be able to visit or communicate with him or her, and you will have no obligation to send letters or photos of your child. Though a confidential adoption makes sense in some situations, you should carefully consider the consequences of pushing for a closed adoption. A closed adoption eliminates the possibility of you or your adopted child developing a fulfilling relationship with the birth mother. It also increases the likelihood that your child will struggle with the notion that he or she is adopted, as he or she cannot glean insight from the birth mother. Finally, few birth mothers today agree to closed adoptions. Insisting on a closed adoption could significantly increase your wait time.]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46977 2020-03-30T22:17:01Z 2020-03-30T22:17:00Z

Visitation ends if a parent does not pay child support In fact, a parent's ability or failure to pay court-ordered support does not affect the custody or parenting plan. However, New York does have sanctions for parents who do not pay. Monthly child support obligations accumulate from birth to age 21. The state can seize bank accounts, lottery prizes and tax refunds to repay this amount. In addition, the debt will appear as a negative mark on the parent's credit report. In extreme cases, the parent can receive a jail sentence. Cheating impacts child custody Many people believe that committing adultery will cause them to lose their children, their home and their savings in a divorce. Actually, New York does not consider a history of cheating when determining child custody and support. However, if a spouse used marital assets to commit adultery, the other spouse can ask for compensation for this amount if he or she has proof and files for a fault-based divorce. This compensation can come in the form of spousal support or a one-time payment. Either spouse can deny a divorce While this notion was true in many states until the 1970s, today, either spouse can ask for a divorce in New York for any reason. You can request a no-fault divorce, which requires the marriage to be "irretrievably broken" for at least six months. You can still claim grounds for divorce such as adultery or abandonment, which eliminates the six-month waiting period. An attorney who is well-versed in New York divorce law is a trustworthy source of information about what to expect. Guidance from an experienced person and sessions with a therapist can also be helpful during this challenging time.]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46970 2020-03-17T19:09:42Z 2020-03-17T19:09:41Z

Income cap The New York Child Support Standards Chart gives parents an approximate idea of their child support payments based on their income. New York’s combined parental income cap is $154,000 as of March 2020. This cap means that the law may not require parents to factor in any income exceeding that amount. For example, if each parent makes over $100,000 per year, the noncustodial parent’s additional $23,000 may not factor into child support payments. The law allows a judge to consider calculating income that exceeds this amount, but it does not require it. Child support percentages New York courts also factor in the number of children who need support when determining financial obligations. The Support Standards Chart also provides parents a list of percentages:

• One child: 17%
• Two children: 25%
• Three children: 29%
• Four children: 31%
• Five children: no less than 35%

Income changes Child support does not automatically increase or decrease in the event of a job change. One of the parents must request a modification. According to FindLaw, a parent’s income must involuntarily increase or decrease by 15% or more before the other can ask for an adjustment. For example, if a noncustodial parent’s income increases significantly, the custodial parent must petition for an official court modification to increase child support payments.]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46965 2020-03-16T18:52:04Z 2020-03-16T18:52:02Z

Change in circumstances According to the Resolution Center, the basis on which you can modify your child support is if there has been a change in your personal circumstances, such as a change in income. You may need to petition the court for a modification, and you and your child’s other parent may need to provide documentation of your current income. If you think the modified amount is incorrect, you may be able to file an objection. Receiving sufficient support If you are the recipient of child support and you have information that the payor has received a bonus that he or she did not receive previously, or if the bonus is substantially larger, you may be able to file a motion with the court for a modification to ensure you are receiving a fair amount of child support.]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46958 2020-02-28T03:19:15Z 2020-02-28T03:19:14Z

determine if you are ready to adopt. The first thing to do is make sure you are viable to adopt. Each state and country has its own laws about adoption. According to these laws, suitable adopting parents get the chance to adopt a child. State laws remove some people from this consideration at the start. For example, you may not be eligible to adopt if:

• You have a medical condition or physical or mental disability. This makes it difficult for you to care for another party
• You do not have the finances necessary to raise a child
• You have a criminal history involving felonies or certain misdemeanors
• The court determines that you do not have good moral character

You should also prepare for the adoption process itself. Domestic adoption can take a year or more to complete. International adoption often takes several years. It takes up to six years in some cases. Adoptions are not inexpensive, either. Domestic adoptions have the potential to cost from $10,000 up to $50,000. International adoptions can cost between $20,000 and $50,000. These stringent requirements seem daunting to many prospective parents. If you are considering adopting but the requirements concern you, do not give up hope. You may want to speak to an adoption attorney who can explain more.]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46953 2020-02-18T23:32:33Z 2020-02-18T23:32:31Z

reason for the decrease is that many countries are no longer willing to send their children to the United States for adoption. As of 2018, the top sending countries included the Democratic Republic of Congo, Ukraine and China. However, the Chinese government has decreased foreign adoption by 86% since the late 1990s. Other former leaders in international adoption, including Russia, Guatemala and Ethiopia, have either cut back on international adoptions to the United States or banned them altogether. There are many reasons for the downward trend. Sometimes international adoption is a source of embarrassment for the country of origin, which endures commentary about its "chief export" being children. There have also been rare but highly publicized cases of kidnapping children for the purpose of international adoption or paying birthmothers to give up their children. Such reports can be damaging to the country's reputation, or at least perceived as such. Part of the reason for the decrease may be economic. The Hague Convention set safety standards for international adoption in 1993, in part to prevent trafficking of children and exploitation of birthmothers. As a result, it also imposes high fees that may make international adoption impractical for prospective parents in the U.S. Adoption agencies and the countries themselves also feel the effects. Global politics may also account for the decrease in international adoption. It was two weeks after the U.S. imposed sanctions on Russia in 2012 that the parliament voted to end adoptions of Russian children by American parents. Lawmakers cited the prevention of abuse by adoptive parents as the rationale behind the ban, but given the greater prevalence of child abuse in Russia, the timing of the ban and comments by the Russian prime minister seeming to link the two events, that rationale is highly questionable. Critics of international adoption, both in the United States and out of it, say that it is wrong to remove children from their birth culture. However, research suggests that international adoption from certain countries may save hundreds of lives.]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46941 2020-02-04T06:18:51Z 2020-02-04T06:18:49Z

drug or alcohol abuse problem. Even if evidence reveals an alcoholism diagnosis, the judge will not automatically deny you custody or visitation rights. A drink here or there is not indicative of bad parenting. Moreover, if you can show you have a long history of sobriety and responsibility, the judge may decide you are just as capable of caring for your child as the non-alcoholic parent. That said, if evidence reveals that your drinking interferes with your ability to make sound decisions on the child’s behalf, the parent-child relationship or your ability to parent your child, the judge may determine you are “unfit” to parent. An unfit determination often results in loss of or denial of custody. Unfit determinations, however, typically follow extended periods of incapacity due to alcohol use or major adverse events related to alcohol use, such as domestic violence or a car crash.]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46936 2020-02-04T06:17:14Z 2020-02-04T06:17:12Z

NYCourts.gov, the courts prefer that children of divorce have a relationship with both parents and families. If the courts decide to grant one party sole custody, they are likely to allow the other parent “visitation time.” The courts will only not allow visitation if they believe there is good reason to withhold parenting time. Even then, a judge is more likely to award supervised visitation than to forego it altogether. If the courts denied you custody, you may file for visitation. So, too, may your parents and your child’s adult siblings. However, a family law judge is only likely to grant visitation to the latter two parties in limited circumstances. If your child ends up in foster care, you have the right to visit your child even without a visitation order. However, if the courts terminated your parental rights, you cannot legally visit your child. If this is your child’s situation, your child’s grandparents on either your side or the other parent’s side may file for custody or visitation. The same is true of your child’s adult siblings. However, such cases are usually complex and require court involvement and guidance.]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46933 2020-01-27T17:57:05Z 2020-01-27T17:57:03Z

Custody disputes are a difficult situation for all family members. Parents are usually concerned about what their role may be in the child’s life going forward. For anyone going through the process, it can be useful to understand the expected court process.  The court’s main concern when deciding on custody matters is the interests of the child.  They take into consideration the child’s relationship with each parent and the finances of the parents before coming to a custody decision.  Legal and physical custody  The court decides on legal and physical custody. When a parent has legal custody, he or she has the right to make decisions about the child’s life. The judge may give the parents joint legal custody or give one parent sole legal custody.  A parent with physical custody is in charge of the supervision of the child. The child lives with the parent awarded physical custody. If a judge orders joint custody, then the child lives with each party 50% of the time.  A petition for custody   A parent filing a petition for custody needs to do so in the county that the child resides. The parent who files the petition needs to service the other parent in person.  After a petition, the judge hears the cause in court. During this hearing, a judge may listen to statements from the parents and other witnesses, such as friends and family. After the hearing, the judge decides on the child’s physical and legal custody.  Modification to a custody order  To change a custody order, one parent needs to begin a claim to modify the order. It is important to only go forward with this motion due to a significant change in life circumstances. If circumstances have changed sufficient for the court to decide to adjust the custody order is appropriate for the child, it may result in a modification. ]]> On Behalf of Linda M. DiPasquale, Attorney at Law https://www.divorcelawyerinbuffalo.com/?p=46930 2020-01-06T19:31:03Z 2020-01-06T19:31:02Z

When a couple in New York owns a home together and makes the tough choice to get a divorce, they must add determining what to do with their home to the long list of things they need to address. Because people tend to place a high degree of emotional attachment to a home, especially if they have raised their children in that home, one person understandably may want to try and stay in the house. However, people should carefully assess their ability to afford this and learn how they should protect themselves against future financial problems if they remain financially tied to their former spouse via a joint mortgage.  As explained by MortgageLoan.com, a lender considers anyone named on a home loan to be financially liable for the debt, even if a divorce decree states otherwise. When a joint loan remains intact and the person who should make the payments does not do so, the bank may report those problems on both spouses' credit reports. The bank may also contact the other spouse in an attempt to collect payment. For these reasons, if a person wants to stay in the home, they should find a way to get a new or refinanced mortgage that does not include their former spouse.  HSH notes that a newly divorced person may not qualify for a loan sufficient to keep the house as their credit and income likely dropped during the divorce. Some people may consider getting a cosigner to help them.  The challenges associated with keeping a home contribute to why so many people sell their homes when getting a divorce. If this choice is made, couples should also evaluate any capital gains taxes they may need to pay on the home sale. ]]>