Child custody matters are difficult enough without adding distance to the mix. Unfortunately, many Long Island families must deal with exactly that. Navigating family legal issues when two parents live in different states requires a special set of rules that differ from those related to custody cases where the parents and child all live in the same state. Here’s what you need to know about long-distance child custody. (more…)
Attorney Robert E. Hornberger, Esq., of Hornberger Verbitsky, P.C., appears on Eye on Real Estate, a podcast and radio show with Dottie Hermann, CEO of Douglas Elliman, the fourth leading real estate firm in America. He discusses topics related to splitting the marital residence in New York and distributing separate and marital property in a divorce. Eye on Real Estate is dedicated to exploring mortgage news and market trends and answering tough real estate questions asked by listeners.
Here are some of the podcast’s highlights:
“Timesharing” your children after a divorce can get dicey during school breaks and holidays. Work schedules shift, the kids are at home, and family events seem to occur every weekend (or more). Navigating child custody and visitation during this time can be challenging — here are 5 tips to help you get a handle on it.
#1. Start the Conversation About Child Custody and Visitation Early
What is Alimony / Spousal Support?
Alimony is a court-ordered provision or allowance from the higher-earning spouse to the lower-earning spouse during and after a divorce. It is similar to child support in that you can be legally held accountable if you don’t make scheduled payments, but unlike child support, it can be included in a prenuptial or postnuptial agreement.
Alimony, also called spousal support or spousal maintenance, is a payment made from the higher earning spouse to the lower earning spouse during and after a divorce. These payments are intended to help bridge the income gap while the lesser earning spouse learns to function independently.
3 Different Types of Alimony in New York
There are three different types of alimony:
#1. Temporary Alimony
Temporary alimony is often awarded immediately after filing for divorce when the lesser earning spouse reveals a financial need. This type of maintenance is usually very short-lived and is re-evaluated during the divorce process.
It’s common for ex-spouses co-parenting on Long Island to disagree about many aspects of raising their child post-divorce. When it comes to your child’s education, however, the stakes are raised because their long-term future may potentially be impacted. Here’s how you can handle disagreements about your child’s education with your ex-spouse and how to get help from an experienced Long Island divorce lawyer.
Establish Who Has Legal Custody
First and foremost, it’s critical to understand who has legal custody of your child. It may be either you or your ex-spouse, or you may share legal custody. Be aware that legal and physical custody are not the same; if you have sole physical custody, you may still share legal custody.
In cases of joint legal custody, both you and your ex-spouse must agree on your child’s education. If you don’t, this becomes a contested issue that requires resolution either via mediation or litigation. If only one parent has legal custody, they can make decisions about the child’s education even if the other parent disagrees. (more…)