Plain-language articles on New York family law, divorce, estate planning, criminal and traffic defense, and pet law, written by Dale Riedel for people dealing with these matters rather than for other lawyers.
New York calculates child support under the Child Support Standards Act as a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. The percentages apply up to $193,000 in combined income as of March 1, 2026.
New York courts decide custody on the best interests of the child. There is no formula and no preference for mothers or fathers. Judges weigh stability, each parent’s caregiving history, the child’s existing routine, and — importantly — each parent’s willingness to support the child’s relationship with the other parent.
A New York order of protection can direct someone to stay away from you, stop all contact, leave a shared home, and surrender firearms. It is obtained by filing a family offense petition in Family Court, and a judge can issue a temporary order the same day, before the other person is notified.
A New York custody order can be modified on a showing of a substantial change in circumstances since the order was made, and then that modification serves the child’s best interests. Both are required, in that order. A parent’s dissatisfaction with the existing arrangement is not enough.
For most New York families with straightforward estates, a well-drafted will with correct beneficiary designations does the job at lower cost. A trust earns its cost where there is a specific objective — avoiding probate, planning for incapacity, protecting assets, or providing for a beneficiary who cannot manage funds.
If you die without a will in New York, your estate passes under the intestacy rules in EPTL 4-1.1, which distribute property in a fixed statutory order. You lose control over who receives what, who administers your estate, and who is nominated as guardian for your minor children.
When you apply for Medicaid coverage of nursing home care in New York, the agency reviews five years of financial transactions. Assets transferred for less than fair value during that period can create a penalty period of ineligibility — which is why giving assets away shortly before needing care usually makes things worse.
An uncontested divorce in New York — where both spouses agree on everything — generally takes a few months from filing to judgment, and most of that is court processing rather than legal work. A contested divorce commonly runs a year or longer, depending on how many issues are genuinely disputed.
New York divides the marital home by equitable distribution, which means fairly rather than automatically in half. Neither spouse has an automatic right to stay. The usual outcomes are a sale with the proceeds divided, a buyout by one spouse, or a deferred sale — often until the children finish school.
New York uses a guideline formula to calculate spousal maintenance, applied to the payor’s income up to a statutory cap — $241,000 as of March 1, 2026. Two formulas exist and the law uses whichever produces the lower result. Duration follows advisory guidelines based on the length of the marriage.
New York allows no-fault divorce under Domestic Relations Law §170(7). One spouse states under oath that the marriage has been irretrievably broken for at least six months. No proof of wrongdoing is required, and the other spouse cannot block the divorce by disagreeing.
The portion of a retirement account or pension that accrued during the marriage is marital property and subject to division. Contributions made before the marriage, and their growth, are generally separate property. Dividing most employer plans requires a separate court order — a QDRO — in addition to the divorce judgment.
New York does not split marital property down the middle. It divides it fairly — and fair is a judgment that can be argued.
A traffic conviction can affect points, assessments and driving privileges. Review the charge and your record before deciding how to respond.
A will does not control every asset. Beneficiary forms, ownership arrangements and trust funding need to work together.
New York has moved away from treating companion animals as ordinary property in divorce. Here is what that means in practice.
