New City NY Family Law Blog

In New York the non-custodial parent is required to pay the custodial parent a specific sum of money each month to provide care for the child. The custodial parent is the parent who receives physical custody of the child during the child custody hearing. According to a recent court decision, under the New York Child Support Standards Act, a custodial parent is never required to pay support to a non-custodial parent, no matter what the parent's income is.

While the law may seem straightforward and uncontroversial, a recent New York state ruling has brought considerable attention to the statute. The case that brought the matter to light involved an unmarried couple that had a son together. In 2009, the parents went to court to address custody. After the father was given slightly more parenting time, the mother, who had very little money, requested child support from the father, who was worth $20 million.

In New York, when parents divorce the custodial parent can file a petition for child support with the family court. Under state law, children are entitled to support until 21, unless the child is married, emancipated, self-supporting or in the military. To establish child support payments in a divorce proceeding the court uses standard guidelines. The guidelines are based on the parents adjusted gross annual income and the number of children involved.

In addition to petitioning for support, a parent can petition for a post-divorce modification. The parent seeking the change must first file a petition for an agreement modification with an explanation for the request with the court. After the petition is filed, the court holds a hearing on the matter. While there are many reasons parents may request a modification, a substantial change in circumstance, such as that in the case below, is certainly one of them.

A prenuptial agreement is about much more than money, but, lets face it, money is pretty important. For most high-asset individuals, a prenuptial agreement is the sole tool available to them to protect assets in case of a divorce. Unfortunately, as many New York residents already know, even a wealthy businessman can be blinded by love. Consider the recent divorce involving the wealthy Oklahoma oil baron and business executive Harold Hamm.

According to a recent report issued by Reuters, Sue Ann Hamm, the wife of Continental Resources Chief Executive Officer Harold Hamm, has filed for divorce from her husband. According to court papers filed by Sue Hamm, her decision to divorce her husband stems from her husband's alleged 2010 infidelities. With a fortune estimated at $11 billion, some court spectators believe the divorce could result in a record-breaking divorce settlement.

Every attorney can speak to the merits of a prenuptial agreement. The document can protect assets and property rights, but it also functions as a guide that can greatly expedite divorce proceedings. A recent decision by a Brooklyn New York Appellate Court, however, has some critics crying foul. New York couples might be interested to read about the recent decision, which overturned a prenuptial agreement that stood to protect nearly 20 million dollars in real estate assets.

The couple in question entered into the prenuptial agreement just days before their wedding day. What created controversy was the wife's assertion that she was fraudulently induced into signing the agreement. The wife claims that after her father already spent $40,000 on the couple's wedding, her husband threatened to call off the nuptials if she did not sign the agreement. She also alleged that her husband promised that he would throw out the agreement if they had children.