Return of Parent from Military Automatically Considered 'Substantial Change in Circumstance For Seeking Reconsideration of Custody or Visitation Order.
Laws of 2009, Ch 473, effective November 15, 2009, amended the Domestic Relations Law, the Family Court Act and the Military Law to provide that the return of a parent from activation or deployment by the military will automatically be considered a 'substantial change in circumstance' for seeking reconsideration of a custody or visitation order. The amendment changes the law enacted last year which requires that all child custody orders issued when a parent is on active military duty be deemed temporary and subject to revision when the parent returns to civilian life.
Laws of 2009, Ch 473, § 1 amended Domestic Relations Law § 75-l ( entitled Military service by parent; effect on child custody
orders) to provide unless the parties have otherwise stipulated or agreed, if an order was issued under Domestic Relations Law § 75-l, the return of the parent from active military service, deployment or temporary assignment shall be considered a substantial
change in circumstances. Upon the request of either parent, the court shall determine on the basis of the child's best interests whether the custody judgment or order previously in effect should be modified.
Laws of 2009, Ch 473, § 2 amended Domestic Relations Law 240, subdivision 1 to add a new paragraph (a-2) to read as follows:
(a-2) Military service by parent; effect on child custody orders.
(1) During the period of time that a parent is activated, deployed or temporarily assigned to military service, such that the parent's ability to continue as a joint caretaker or the primary caretaker of a minor child is materially affected by such military service, any orders issued pursuant to this section, based on the fact that the parent is activated, deployed or temporarily assigned to military service, which would materially affect or change a previous judgment or order regarding custody of that parent's child or children as such judgment or order existed on the date the parent was activated, deployed, or temporarily assigned to military service, shall be subject to review pursuant to subparagraph three of this paragraph. Any relevant provisions of the Service Member's Civil Relief Act shall apply to all proceedings governed by this section.
(2) During such period, the court may enter an order to modify custody if there is clear and convincing evidence that the modification is in the best interests of the child. An attorney for the child shall be appointed in all cases where a modification is sought during such military service. Such order shall be subject to review pursuant to subparagraph three of this paragraph. When entering an order pursuant to this section, the court shall consider and provide for, if feasible and if in the best interests of the child, contact between the military service member and his or her child, including, but not limited to, electronic communication by e-mail, webcam, telephone, or other available means. During the period of the parent's leave from military service, the court shall consider the best interests of the child when establishing a parenting schedule, including visiting and other contact. For such purposes, a "leave from military service" shall be a period of not more than three months.
(3) Unless the parties have otherwise stipulated or agreed, if an order is issued pursuant to this paragraph, the return of the parent from active military service, deployment or temporary assignment shall be considered a substantial change in circumstances. Upon the request of either parent, the court shall determine on the basis of the child's best interests whether the custody judgment or order previously in effect should be modified.
(4) This paragraph shall not apply to assignments to permanent duty stations or permanent changes of station.
Laws of 2009, Ch 473, § 3 amended Family Court Act § 651 to add a new subdivision (f) which reads exactly the same as Domestic Relations Law 240, subdivision 1 (a-2).
Friday, October 09, 2009
Additional Crimes that Constitute a Family Offense Added
Additional Crimes that Constitute a Family Offense Added
Laws of 2009, Ch 476, § 3 and 4, amended Criminal Procedure Law 530.11, and Family Court Act 812 (1) to add the crimes of sexual misconduct, forcible touching, sexual abuse in the third degree, and sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law to the crimes which constitute a "family offense". Family Court Act 821 (1) (a) was amended accordingly.
Laws of 2009, Ch 476, § 3 and 4, amended Criminal Procedure Law 530.11, and Family Court Act 812 (1) to add the crimes of sexual misconduct, forcible touching, sexual abuse in the third degree, and sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law to the crimes which constitute a "family offense". Family Court Act 821 (1) (a) was amended accordingly.
Judges Required to Make Additional Findings Where Domestic Violence Found
Judges Required to Make Additional Findings Where Domestic Violence Found
Laws of 2009, Ch 476, § 2 amended Domestic Relations Law § 240 (1)(a), effective December 15, 2009 to require judges to state on the record how their findings with regard to the effect of domestic violence factored into their custody determination. Where the court finds, by a preponderance of the evidence that there is domestic violence the court has been required to consider the effect of domestic violence upon the best interests of the child, together with such other facts and circumstances as the court deems relevant in making a direction pursuant to Domestic Relations Law § 240 (1)(a). The amendment requires the Court to state on the record how such findings, facts and circumstances factored into the direction for custody or visitation. If an allegation that a child is abused is supported by a preponderance of the evidence, then the court has been required to consider such evidence of abuse in determining the visitation arrangement that is in the best interest of the child, and the court may not place a child in the custody of a parent who presents a substantial risk of harm to that child. The amendment requires the court to state on the record how such findings were factored into the determination.
Attorney For Child Will be Required to Take Domestic Violence Training
Laws of 2009, Ch 476, § 1 amended Family Court Act 249-b to require the Chief Administrator of the Courts to provide for the development of training programs which include the dynamics of domestic violence and its effect on victims and on children, and the relationship between such dynamics and the issues considered by the court, including, but not limited to, custody, visitation and child support and requires that all attorneys for children, including new and veteran attorneys, receive initial and ongoing training as provided for in this section.
Laws of 2009, Ch 476, § 2 amended Domestic Relations Law § 240 (1)(a), effective December 15, 2009 to require judges to state on the record how their findings with regard to the effect of domestic violence factored into their custody determination. Where the court finds, by a preponderance of the evidence that there is domestic violence the court has been required to consider the effect of domestic violence upon the best interests of the child, together with such other facts and circumstances as the court deems relevant in making a direction pursuant to Domestic Relations Law § 240 (1)(a). The amendment requires the Court to state on the record how such findings, facts and circumstances factored into the direction for custody or visitation. If an allegation that a child is abused is supported by a preponderance of the evidence, then the court has been required to consider such evidence of abuse in determining the visitation arrangement that is in the best interest of the child, and the court may not place a child in the custody of a parent who presents a substantial risk of harm to that child. The amendment requires the court to state on the record how such findings were factored into the determination.
Attorney For Child Will be Required to Take Domestic Violence Training
Laws of 2009, Ch 476, § 1 amended Family Court Act 249-b to require the Chief Administrator of the Courts to provide for the development of training programs which include the dynamics of domestic violence and its effect on victims and on children, and the relationship between such dynamics and the issues considered by the court, including, but not limited to, custody, visitation and child support and requires that all attorneys for children, including new and veteran attorneys, receive initial and ongoing training as provided for in this section.
Sunday, September 20, 2009
The New York Divorce and Family Law FamCalc Software Suite will be available October 1, 2009
The New York Divorce and Family Law FamCalc Software Suite will be available October 1, 2009
We are proud to announce that as of October 1, 2009 our New York Divorce and Family Law FamCalc Software Suite of individual programs will be available to make life easier for every attorney who practices divorce and family law in New York. This software, which requires only a basic knowledge of computers, was written especially for the New York Divorce and Family Law attorney. The Suite of programs will include the New York Divorce and Family Law Child Support Calculator, which automatically generates a helpful summary report and UD-8 Worksheet, calculates the child support amount on combined parental income, both under and over $130,000, and drafts for you the language required to be included in agreements, stipulations, and findings of fact. Another program in the Suite is Drafting Agreements For the New York Divorce and Family Law Attorney. It contains an interactive manual, describing in detail each provision of the agreement you are composing. It offers you practical advice for drafting your agreement with the "Settlement Considerations", "Drafters Notes" and "Law You Should Know". The program is updated annually so that you will always be up to date on New York law of agreements. The Suite will also contain the New York Divorce and Family Law Statement of Net Worth Calculator, which automatically generates a net worth statement that converts all expenses into monthly or weekly expenses; the New York Divorce and Family Law Value Calculator, which allows you to calculate the present value of future dollars; and the New York and Family Law Marital Property Distributor, which calculates, on a "what if" basis, the total value of each spouses' share of the marital assets. The programs are easy to run and come with simple plain - English instructions. The contents of all of the programs have been written by us, based upon years of experience in New York divorce and family law practice. They make doing the child support calculations, or drafting a complex agreement, "so easy a lawyer can do it".
(For further information click on this link to fill out a request form)
We are proud to announce that as of October 1, 2009 our New York Divorce and Family Law FamCalc Software Suite of individual programs will be available to make life easier for every attorney who practices divorce and family law in New York. This software, which requires only a basic knowledge of computers, was written especially for the New York Divorce and Family Law attorney. The Suite of programs will include the New York Divorce and Family Law Child Support Calculator, which automatically generates a helpful summary report and UD-8 Worksheet, calculates the child support amount on combined parental income, both under and over $130,000, and drafts for you the language required to be included in agreements, stipulations, and findings of fact. Another program in the Suite is Drafting Agreements For the New York Divorce and Family Law Attorney. It contains an interactive manual, describing in detail each provision of the agreement you are composing. It offers you practical advice for drafting your agreement with the "Settlement Considerations", "Drafters Notes" and "Law You Should Know". The program is updated annually so that you will always be up to date on New York law of agreements. The Suite will also contain the New York Divorce and Family Law Statement of Net Worth Calculator, which automatically generates a net worth statement that converts all expenses into monthly or weekly expenses; the New York Divorce and Family Law Value Calculator, which allows you to calculate the present value of future dollars; and the New York and Family Law Marital Property Distributor, which calculates, on a "what if" basis, the total value of each spouses' share of the marital assets. The programs are easy to run and come with simple plain - English instructions. The contents of all of the programs have been written by us, based upon years of experience in New York divorce and family law practice. They make doing the child support calculations, or drafting a complex agreement, "so easy a lawyer can do it".
(For further information click on this link to fill out a request form)
Saturday, August 22, 2009
Legislature Raises Cap on Combined Parental Income to $130,000 effective January 31, 2010
CSSA Cap on Combined Parental Income Raised to $130,000
Laws of 2009, Chapter 343 enacted the "child support modernization act" which amended the provisions of the Child Support Standards Act to raise the cap on combined parental income to $130,000 effective January 31, 2010, and to provide for the adjustment of the $130,000 cap every two years to reflect changes in the Consumer Price Index. The child support percentages of payments that non-custodial parents are obligated to make toward child support remains the same.
Domestic Relations Law § 240 (1-b) (2) and Family Court Act § 413 (1) (c) (2) were each amended to provide that thee court shall multiply the combined parental income up to the amount set forth in Social Services Law 111-i, (2) (b). Social Services Law 111-i (2)(b) provides that the combined parental income amount to be reported in the child support standards chart and utilized in calculating orders of child support in accordance with Domestic Relations Law § 240 (1-b) (2) and Family Court Act § 413 (1) (c) (2) shall be one hundred thirty thousand dollars; and that beginning January 31, 2012 and every two years thereafter, the combined parental income amount shall increase by the product of the average annual percentage changes in the consumer price index for all urban consumers (CPI-U) as published by the United States department of labor bureau of labor statistics for the two year period rounded to the nearest one thousand dollars.These amendments take effect on January 31, 2010.
Domestic Relations Law § 240 (1-b) (2) and Family Court Act § 413 (1) (c) (2) were each amended to read as follows:
(2) The court shall multiply the combined parental income up to the amount set forth in paragraph (b) of subdivision two of section one hundred eleven-i of the social services law by the appropriate child support percentage and such amount shall be prorated in the same proportion as each parent's income is to the combined parental income.
Social Services Law 111-i (2) was amended to read as follows:
2. (a) The commissioner shall publish a child support standards chart. The child support standards chart shall include: (i) the revised poverty income guideline for a single person as reported by the federal department of health and human services; (ii)the revised self-support reserved as defined in section two hundred forty of the domestic relations law; (iii) the dollar amounts yielded through application of the child support percentage as defined in section two hundred forty of the domestic relations law and section four hundred thirteen of the family court act; and (iv) the combined parental income amount.
(b) The combined parental income amount to be reported in the child support standards chart and utilized in calculating orders of child support in accordance with subparagraph two of paragraph (c) of subdivision one of section four hundred thirteen of the family court act and subparagraph two of paragraph (c) of subdivision one-b of section two hundred forty of the domestic relations law shall be one hundred thirty
thousand dollars; provided, however, beginning January thirty-first, two thousand twelve and every two years thereafter, the combined parental income amount shall increase by the product of the average annual percentage changes in the consumer price index for all urban consumers (CPI-U) as published by the United States department of labor bureau of labor statistics for the two year period rounded to the nearest one thousand dollars. (c) The commissioner shall publish the child support standards chart on an annual basis by April first of each year and in no event later than forty-five days following publication of the annual poverty income guideline for a single person as reported by the federal department of health and human services.
Laws of 2009, Chapter 343 enacted the "child support modernization act" which amended the provisions of the Child Support Standards Act to raise the cap on combined parental income to $130,000 effective January 31, 2010, and to provide for the adjustment of the $130,000 cap every two years to reflect changes in the Consumer Price Index. The child support percentages of payments that non-custodial parents are obligated to make toward child support remains the same.
Domestic Relations Law § 240 (1-b) (2) and Family Court Act § 413 (1) (c) (2) were each amended to provide that thee court shall multiply the combined parental income up to the amount set forth in Social Services Law 111-i, (2) (b). Social Services Law 111-i (2)(b) provides that the combined parental income amount to be reported in the child support standards chart and utilized in calculating orders of child support in accordance with Domestic Relations Law § 240 (1-b) (2) and Family Court Act § 413 (1) (c) (2) shall be one hundred thirty thousand dollars; and that beginning January 31, 2012 and every two years thereafter, the combined parental income amount shall increase by the product of the average annual percentage changes in the consumer price index for all urban consumers (CPI-U) as published by the United States department of labor bureau of labor statistics for the two year period rounded to the nearest one thousand dollars.These amendments take effect on January 31, 2010.
Domestic Relations Law § 240 (1-b) (2) and Family Court Act § 413 (1) (c) (2) were each amended to read as follows:
(2) The court shall multiply the combined parental income up to the amount set forth in paragraph (b) of subdivision two of section one hundred eleven-i of the social services law by the appropriate child support percentage and such amount shall be prorated in the same proportion as each parent's income is to the combined parental income.
Social Services Law 111-i (2) was amended to read as follows:
2. (a) The commissioner shall publish a child support standards chart. The child support standards chart shall include: (i) the revised poverty income guideline for a single person as reported by the federal department of health and human services; (ii)the revised self-support reserved as defined in section two hundred forty of the domestic relations law; (iii) the dollar amounts yielded through application of the child support percentage as defined in section two hundred forty of the domestic relations law and section four hundred thirteen of the family court act; and (iv) the combined parental income amount.
(b) The combined parental income amount to be reported in the child support standards chart and utilized in calculating orders of child support in accordance with subparagraph two of paragraph (c) of subdivision one of section four hundred thirteen of the family court act and subparagraph two of paragraph (c) of subdivision one-b of section two hundred forty of the domestic relations law shall be one hundred thirty
thousand dollars; provided, however, beginning January thirty-first, two thousand twelve and every two years thereafter, the combined parental income amount shall increase by the product of the average annual percentage changes in the consumer price index for all urban consumers (CPI-U) as published by the United States department of labor bureau of labor statistics for the two year period rounded to the nearest one thousand dollars. (c) The commissioner shall publish the child support standards chart on an annual basis by April first of each year and in no event later than forty-five days following publication of the annual poverty income guideline for a single person as reported by the federal department of health and human services.
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