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Brooklyn Family Law Blog

Garnishing wages from contract workers is difficult

New York lawmakers continue to hear from single parents about the difficulty of obtaining agreed and ordered child support payments from their children's other parent. The solution for many parents to guarantee payment is garnishing wages from the paying parent's paycheck. Unfortunately, the new gig economy that companies such as Uber, Lyft and Airbnb are encouraging is making it easier for parents to hide their income and avoid child support payments.

Child support is designed to encourage both parents to financially support involved children of a separation or divorce. Usually, the spouse that the children live with the majority of the time and/or makes less money is owed child support by the other parent. Now, with more adults choosing contract work over full-time employment, many parents are able to hide their income. States have laws that require employers to report new employees to a child support database, but most states do not require the reporting of contract workers.

Naya Rivera files for divorce a second time

Many people in New York enjoying watching young love form and the growth of new families. In the same aspect, it is very upsetting to see love end, especially when children are involved. Sadly, the "Glee" actress Naya Rivera has filed for divorce from her husband a second time.

Naya and her husband have been married just over three years. The 30-year-old actress had previously filed for divorce from her husband. She apparently filed for divorce almost a year ago but retracted it. In a statement following her retraction, she indicated that remaining a family was important. Naya and her husband Ryan Dorsey have a 2-year-old son together.

Tyrese Gibson awarded joint custody of daugther

It is not uncommon for New York couples to disagree over the care and custody of any shared children. Tyrese Gibson and his ex-wife, Norma, have been no strangers to news coverage on their disagreements over the custody of their 10-year-old daughter. After several ugly public disagreements, a judge recently awarded Tyrese joint custody of his daughter.

The couple was married for approximately two years, and since their divorce, they have apparently been fighting over their daughter's custody. This past year, Norma accused Tyrese of physically abusing their daughter. He was accused of knocking her to the ground and hitting her as many as 16 times. The Department of Children and Family Services began an investigation, and Tyrese was ordered to have no contact with his daughter in the interim. After the accusation, Norma was awarded temporary sole custody.

What does 'reasonable visitation' mean?

Imagine you've received your child custody orders from a New York court. However, the orders aren't clear. Instead of offering clear guidelines about how the noncustodial parent will visit with his or her child, the orders simply award the noncustodial parent "reasonable visitation" rights.

Reasonable visitation rights generally mean that the parents will be able to decide how to organize visitations between themselves.

Couple's divorce settlement made public years after marraige ends

Most New York couples dream of sharing a life together, a beautiful wedding day and a future family together. Most likely do not dream of a day in court arguing over finances and division of assets. For many couples, divorce court is a sad reality to the end of a marriage. Even though one couple's marriage was terminated years ago, they recently argued in court about discrepancies in their divorce settlement agreement.

Armando Montelongo and his ex-wife, Veronica became reality television stars as a result of their cable television show on A&E called "Flip This House."  The show aired for three years prior to their divorce in 2012. Until recent court hearings, their divorce settlement had remained confidential.

Child support: Wage garnsiments difficult with Uber and Lyft

With every new industry or technology that is introduced, new problems arise. Ride-sharing companies, such as Uber and Lyft, have created an avenue for more people to earn income providing transportation with their own vehicles. In areas where cab services are minimal in New York and across the country, the new companies have offered an affordable solution. While thriving companies have been built, there are new issues that have resulted based on the classification of a company's drivers. Reportedly, when there is an attempt garnish wages for court-ordered child support from drivers, many parents have had difficulty processing the order.

One mother in another state has recounted the hardship she has encountered when she made the attempt to force her former husband to pay his court-ordered child support. In some cases, a family court judge will order wage garnishments to be deducted from a person's paycheck in order for children to receive needed financial support. When wage garnishments are issued to Uber and Lyft, many former spouses recount that wage garnishments have not be instituted.

Tyrese Gibson rants about child support on Facebook

Every family in New York has its trials and tribulations. Unfortunately, some families have more arguments and disagreements than others, often resulting in the need for family law attorneys and judges to help settle the issues. Tyrese Gibson has an ongoing public dispute with his former wife concerning the custody of their daughter. He recently ranted on social media about missing his daughter and the child support payments he must now make to his ex-wife.

The actor, model and singer-songwriter's most popular role was probably his character in the "Fast and Furious" movies. His daughter is 10 years old. Tyrese's former wife, Norma Gibson, has accused Tyrese of physical abuse of their daughter. Allegedly, he beat their daughter multiple times, resulting the loss of shared custody of his daughter. 

How spousal or child abuse could impact your custody situation

Going through a divorce isn't easy, even in the best of circumstances. If your spouse has abused you or your children, however, there's often an extra layer of complexity involved. You may worry about your own safety, which is reasonable, as well as the well-being of your children. Of course, staying with your abusive spouse will likely result in ongoing abuse. Leaving is your best option.

You may worry about your spouse getting custody of your children. You probably don't want your children to testify in court, because that could add to their existing trauma. Thankfully, if there is documentation of abuse either directed toward or witnessed by your children, that could reduce the risk of sharing custody with your spouse.

Jeremy Meeks to divorce; wife seeks alimony and child support

Every marriage in New York is different, and every couple handles conflict within their relationship in a different manner. Some couples would speculate that the instance of arrests, prison and separation would be the time that some spouses would seek separation or a divorce. For Jeremy Meeks, his wife reportedly supported him as he served a two-year prison sentence, but since his release, he has filed for a divorce.

The couple has become somewhat famous due to the husband's mug shot during an arrest in 2014. Apparently, people were impressed by Jeremy Meeks' looks, and his picture quickly went viral on the internet. Notwithstanding his criminal past, he has reportedly secured a modeling contract.

Paternity lawsuit filed against Miguel Cabrera

Many people in New York enjoy sharing life with another person. Unfortunately when relationships end, they can be extremely messy. When children are involved, the breakup becomes more difficult. Miquel Cabrera, a Major League baseball star, is involved in a contentious paternity lawsuit with a former mistress who claims he is the father of her two children.

Although the 34-year-old baseball player has been married for 15 years, he allegedly spent a few years with another woman. During that time, she claims he fathered her two young children. Cabrera is listed as the father on their birth certificates. Since their birth, Cabrera has apparently financially supported the children, had visitation rights and provided input on parenting decisions.

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