A recent N.Y. Court of Appeals case, Matter of Columbia County Support Collection Unit v. Risley, 2016 N.Y. LEXIS 1603, 2016 NY Slip Op 04325 (N.Y. June 7, 2016), may be of interest for those involved in family law matters, specifically the regulations governing child support.
An order of protection is a court order directing an individual to stay away and refrain from communicating with another, or to refrain from “offensive conduct” toward another.
In New York, the biological father of child born out of wedlock has the right to be notified of an adoption. However, only under certain circumstances will his consent to said adoption be required. Generally, a biological father’s consent must be obtained if the following circumstances hold true:
In June of 2015, a bill passed the New York Assembly (A07645) and Senate (05678) relating primarily, but not exclusively, to the determination of maintenance/spousal support. These changes continue to await the signature of Governor Cuomo.
If you are anything like me, you probably watched the video of Ray Rice punching Janay Palmer(now Janay Rice) in the face and cringed with anger and sadness. I was shocked by the brutality of it. And then I thought when it couldn’t get much worse, I heard the part of the story about how Ms. Palmer went on to marry Ray Rice and refused to testify against him in court. It gave me the chills.
Throughout history, grandparents and extended family have raised children; however, in our current society more and more grandparents are the primary caregivers to their grandchildren. In the United States, there are 2.4 million grandparents raising grandchildren. The idea of the two-parent family simply no longer reflects today’s modern families.
Making the decision to adopt a child begins a wonderful and exciting time for a family. Though undoubtedly worthwhile, the required legal procedure can be complex and lengthy, so we are here to help ensure as smooth a process as possible.
In New York State, the Family Court and Supreme Court may appoint an Attorney for the Child (“AFC”), to represent the interests of the child/ren in contested custody and/or access proceedings, as well as in neglect and abuse proceedings, juvenile delinquency proceedings and persons in need of supervision (PINS) proceedings. Formerly referred to as Law Guardians, the role of the AFC has evolved over time to the point where the attorney is no longer an adjunct of the Court whose function is to articulate what is best for the child but a zealous advocate, fighting for the child’s position.
Many parents are under the misunderstanding that if they are the custodial parent of a child they can relocate at will and merely have to file documentation alerting the court and other parent of their decision. This is entirely incorrect.
If you are considering adoption as a means to create or add to your family, you may be aware that the United States Internal Revenue Code allows for an Adoption Tax Credit of up to $12,170.00+ for “qualified adoption expenses” paid or incurred by adoptive parent taxpayers. Please keep in mind that the Code allows for a taxcredit (a dollar for dollar reduction of federal tax) and this is not a mere deduction against taxable income. This is by far the largest tax credit available to individual taxpayers. The Credit was made refundable by law for 2010 and 2011, but is not refundable in 2012- meaning only families with federal income tax liability will benefit from this Credit in 2012. Also of significance is that the Adoption Tax Credit is available per child. The Adoption Tax Credit not only encourages parents to adopt children in need, but it makes adoption affordable for many that would otherwise be unable to complete their families.