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January 2015 Archives

Wage garnisment for against employees in child support cases

A New York City who falls behind on child support payments may be subjected to wage garnishments levied by the Office of Payroll Administration. If the office receives an income execution against an employee, up to 10 percent of that person's gross salary may be garnished, but this percentage may be lower if specified in the execution. City officials will typically notify the employee if the garnishment is enacted.

Changing a child's name after divorce

Some New York residents who have resumed using their maiden name after divorce may wish to change their children's name as well. While this may be possible, it is not always allowed. In manyinstances, courts have ruled that if the father is providing support or upholding his paternal responsibilities, the child should retain his name. Today, more courts are deciding this based on whether the name change reflects what is best for the child.

What happens if a spouse cannot afford a divorce lawyer?

Having a lawyer is often extremely helpful during divorce. Issues like child custody, visitation, spousal support and property division can be very complex. It can be challenging for someone who doesn't have legal experience to adequately represent himself or herself during a divorce settlement negotiation. Negotiations can be even more challenging when the two spouses aren't able to communicate or negotiate in a civil or productive manner. An experienced and skilled divorce attorney can help an individual navigate those challenges.

Pensions divided under New York divorce laws

Marital assets often refer to any type of assets obtained during a marriage, including pieces of property and vehicles. Under New York law, couples may also divide public pensions during their divorce proceedings. The amount of the pension that a former spouse receives during a divorce typically depends on the length of the marriage.

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