Archive for October, 2017

If My Ex Gets Married Can I Get More Child Support?

Monday, October 30th, 2017

A common misconception that some divorcees have is if their ex gets remarried, and is currently paying child support, then the amount owed per payment will go up. There is some logical thinking behind this; if they remarry, they have a second source of income in their new household. However, new marriages do no affect previous child support orders, because, almost exclusively, the only income that is included when the court decides the child support payments, is that of the direct parents or guardians.

What the custodial parent can do is request for a child support modification. For a court to accept this, there needs to be a substantial increase (or decrease) of income, or a drastic change in the overall circumstances. However, in some states, if your ex’s new spouse is well-off, and your ex’s income isn’t all that necessary to support the household, an increase is a possibility.

It is important to note a circumstance where a remarriage has an effect on the child support order. If your ex marries someone of significant wealth, the court will sometimes take that into consideration when reviewing a modification to raise the payment amounts.

Also, if your ex remarries and then has kids, this will constitute as a significant change in circumstances. Usually, first family children are given priority in terms of obligations, however depending on attendant circumstances, a judge may reduce child support if your ex’s income also needs to go to his new children.

If you have questions about child support and custody, please do not hesitate to contact Paul E. Rudder, Esq. Mr. Rudder has over 30 years of experience as a child support and custody lawyer in New York City. Contact him today at (212) 826-9900.

What Things To Bring To A Divorce Consultation?

Friday, October 20th, 2017

You’ve decided it’s time for a divorce; you drafted the papers; hopefully, your spouse has signed them, and it’s time to start looking for representation.

There are plenty of divorce attorneys in the NYC area, but to find the one that best fits your needs, both financially and in court, can be daunting. But you should have a thorough vetting process, which means you should be meeting with quite a few lawyers, and when you do go in for the initial consultation, there are a few things you need to prepare and should bring with you.

A list of possible questions regarding your divorce would be a good thing to have, not just to save time, but so that your prospective divorce lawyer knows what direction this divorce might take.

The questions should not only include things that might pertain to your divorce but also regarding their experience, how much money and time it will take.

If you have any other legal documents, like prenups, birth certificates (especially for children if there are any), or any separation agreements that might already be in place, you should bring them along as well. These will also help your attorney get an idea of what the divorce might be like.

Lastly, anything you have against your spouse (no not sentiments, but evidence), showing them misbehaving in a way that could shine a bad light on them in court would be smart to bring as well. Incriminating videos and photos, and nowadays, social media posts can really help build a nasty case against your spouse. However, these pieces of evidence will not make much of a difference if it is a no-fault divorce.

3 Tips On Saving Money When Hiring A Divorce Lawyer

Thursday, October 5th, 2017

It isn’t a myth: attorney fee’s mount quickly, and can really put you in a bind. There are a few ways on how to save some of your hard-earned money from all going towards your divorce. And what more, you don’t have to sacrifice having good representation. All it takes are a few, simple steps to save your attorney some steps, and in turn, save you some cash.

Be concise with your communications. Your attorney might bill you for any and all communications, so whether you are meeting them, calling them, emailing them, or even beeping them (that’s still a thing), have your message organized and short. If you can prepare a few topics and quick questions, then you can get the help and answers you need in a time-saving manner. More time saved, more money saved.

Fill out an FDS, otherwise known as a Financial Disclosure Statement. FDS allows you to prepare things like bank statements, credit card balances, mortgage statements, post-career account statements and tax returns. By preparing these yourself, it minimizes the amount of information that needs to be collected by your lawyer and their team. Smaller amount = Less work = less money spent!

Settle the basic things with your spouse. Before spending hundreds of dollars disputing who should get the living room rug, or the T.V. in the den, see if you can work out the dividing of personal property before litigating. It makes no sense to spend all that money to fight over relatively insignificant things that you and your spouse could have figured out amongst yourselves for FREE.

All in all, be sure to review and check the bill you receive from your attorney to make sure everything adds up. Most divorce attorneys are very honest and straightforward about billing, and will even work out a billion procedure before you officially retain them, but as always, it’s best to double check yourself.