May 3

Linda Evangelista’s Right to Child Support Prior to Petitioning

Linda Evangelista’s Right to Child Support Prior to Petitioning

The child support trial between supermodel Linda Evangelista and Francois-Henri Pinault began today in Manhattan Family Court. The two have a five-year-old child together named Augustin. According to the New York Post, Evangelista’s attorney claimed that for the first four years of Augustin’s life, Pinault had not provided “one penny, franc or euro in financial contribution” to Evangelista as child support.

Under New York’s Family Court Act § 440, unless the child is receiving public assistance, an award of child support is effective as of “the date of the filing of the petition thereof.” This means that the child support obligation is retroactive to the date the support petition was filed with the court.

April 20

Custody of Pets – When the Sparkle is Gone, Who Gets Sparky?

When a marriage falls apart, there are many things to consider – the house, the children, the car; but, what about the dog? Most people think custody battles are only for children, but think again. According to the Huffington Post, there has recently been a substantial increase in disputes regarding custody of pets.

As a starting point, much to the chagrin of many pet owners, pets are considered “chattel” or property of the owner.

March 20

Great Article About Parents Entrapping Each Other in Order to Gain an Advantage in Custody and Visitation Cases.

Great Article About Parents Entrapping Each Other in Order to Gain an Advantage in Custody and Visitation Cases.

  Here’s a quick article about the length to which parents have gone in order to entrap their former spouse. http://www.abajournal.com/magazine/article/snared_by_sneakiness_divorce-driven_deceit_derails_dads_defenses_with_dirty/ Similar Posts: Syracuse Basketball Fan’s Visitation Request Did Katie Holmes File for Divorce from Tom Cruise in New York to Protect Her Privacy? What is a Law Guardian or Attorney for the Child? Grounds.

March 3

A Contested No-Fault Divorce?

A Contested No-Fault Divorce?

On October 12, 2010, New York passed their version of “no-fault” divorce. Prior to this controversial, statutory change, New Yorkers had to prove grounds in order to obtain a divorce. In situations in which one party asserted grounds for divorce but the other party successfully defended such a claim at trial, the divorce would not be granted and the parties would remain married. After the new no-fault divorce option was added, instead of asserting grounds, those seeking a divorce could instead state that their marriage was “irretrievably broken” for a period of six months. However, the question remained as to whether a court had to simply accept one party’s contention that the marriage was irretrievably broken or if the court had the power to order a trial in order to make such a determination.

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