Mahserjian & Mahserjian-Ortiz, PLLC

When a child refuses to live with one parent during a custody dispute, New York courts consider their preferences—but a child’s wishes alone don’t determine custody decisions. Understanding how the court evaluates these cases is essential. Judges assess the child’s age, maturity level, and reasoning behind their preference. Factors such as parental stability, home environment, and any history of neglect or abuse also play a role. While older children’s opinions carry more weight, custody decisions prioritize the child’s best interests. If you’re dealing with a custody dispute, knowing how courts handle a child’s preference can help you prepare. Learn how New York law approaches these cases. #ChildCustody #NewYorkFamilyLaw #ParentalRights #CustodyDisputes #LegalHelp

Incarceration can complicate child support obligations in New York, but legal options exist for modifying payments during a prison sentence. Parents who fail to act may face significant arrears upon release. New York law allows incarcerated parents to request child support modifications based on a change in financial circumstances. Without a formal modification, unpaid support continues to accumulate, leading to enforcement actions such as wage garnishment or license suspension. Understanding how to navigate the legal process helps ensure compliance and avoid unnecessary financial burdens. If you or a loved one is incarcerated and struggling with child support obligations, learning about modification options is crucial. Find out what steps to take under New York law. Read more here: https://lnkd.in/ecMtfEuu #ChildSupportLaw #NewYorkFamilyLaw #LegalModifications #ParentalRights #CourtProcess

Family law in New York is surrounded by myths and misconceptions that can create confusion during legal disputes. Misinformation about custody, child support, and divorce settlements often leads people to make costly mistakes. Understanding the truth about family law is essential for making informed decisions. Many believe that mothers always get custody, that child support ends at 18, or that assets are always split equally in divorce. In reality, courts make decisions based on specific legal factors, and each case is unique. If you are going through a family law matter, having accurate information is critical to protecting your rights. Learn the truth behind common myths and how to navigate New York’s legal system. Read more here: https://lnkd.in/ex7rH8Nz #FamilyLaw #CustodyRights #NewYorkDivorce #LegalFacts #KnowYourRights

Calculating spousal maintenance in New York involves several factors, including income levels, the length of the marriage, and each spouse’s financial needs. Courts aim to provide fair support while considering both parties’ ability to be self-sufficient. New York uses a formula to determine temporary and post-divorce spousal maintenance, but judges have discretion to adjust payments based on unique circumstances. Factors such as child custody, health conditions, and career sacrifices during the marriage may impact the final amount. Understanding these factors can help individuals navigate financial planning post-divorce. If you are facing a divorce, knowing how spousal maintenance is calculated can help you plan ahead. Learn how New York courts determine support payments. #SpousalSupport #NewYorkDivorceLaw #FamilyLaw #FinancialPlanning #LegalHelp

Spousal support payments are critical for financial stability, but enforcement issues can create major challenges. When an ex-spouse refuses to pay, legal action may be necessary. ? ?Mahserjian & Mahserjian-Ortiz, PLLC helps New York residents deal with spousal support enforcement issues. Courts have various ways to enforce payments, including wage garnishment, contempt orders, and asset seizures. Understanding legal options ensures financial obligations are met. ? ?Taking legal steps early can prevent long delays in receiving support. Keeping detailed records, filing enforcement motions, and working with an attorney can help hold non-paying spouses accountable. Knowing how to navigate the enforcement process ensures financial security and peace of mind. ? ?Find out how to handle spousal support enforcement issues in New York: https://lnkd.in/eQF-Eajh ? ?#SpousalSupport #FamilyLaw #NYDivorce #LegalEnforcement #FinancialStability

Relocating after a divorce can be challenging, especially when children are involved. In New York, a parent seeking to move must demonstrate that the relocation is in the child’s best interest. Courts consider factors such as education, family ties, and the impact on the child’s relationship with the other parent. ? ?Failing to obtain court approval before moving could result in legal consequences, including custody modifications. Proper legal guidance can help ensure a smooth process while protecting parental rights. Understanding the legal steps involved in post-divorce relocation is crucial. ? ?If you are planning to relocate after divorce, learn more here: ? ?https://lnkd.in/ehSMDnFs ? ?#FamilyLaw #ChildCustody #NewYorkAttorney #DivorceLaw #ParentalRights #LegalGuidance #CustodyDisputes

Inherited assets in a divorce: How does New York law handle them? ?? ?? Divorce is complicated enough, but when one spouse has inherited assets, things can become even more challenging. Are these assets considered marital property? Can they be divided in a settlement? The answer depends on several factors, including whether the inheritance was commingled with joint funds. Our firm helps clients navigate property division disputes, ensuring their financial interests are protected. This article explains how inherited assets are handled in New York divorce cases, what factors courts consider, and how to safeguard your inheritance. If you’re facing a divorce and want to protect what’s rightfully yours, understanding your legal options is essential. Don’t leave your future to chance—learn more today. Read more here: https://lnkd.in/e2aKVttJ #DivorceLaw #NewYorkDivorce #AssetProtection #LegalHelp #FamilyLaw

Moving out of state with your child after a divorce isn’t always simple. Can you relocate legally, or will the court deny your request? Custody agreements and court orders dictate where a child can live, and relocating without permission can lead to serious legal consequences. The key is proving that the move is in the child’s best interests. At Mahserjian & Mahserjian-Ortiz, PLLC, we help parents navigate New York’s relocation laws, ensuring they take the right legal steps. If you’re considering a move, make sure you’re protected. #ChildCustody #FamilyLaw #NewYorkLaw #ParentalRights #LegalGuidance

Inherited assets in a divorce: How does New York law handle them? ???? Divorce is complicated enough, but when one spouse has inherited assets, things can become even more challenging. Are these assets considered marital property? Can they be divided in a settlement? The answer depends on several factors, including whether the inheritance was commingled with joint funds. Our firm helps clients navigate property division disputes, ensuring their financial interests are protected. This article explains how inherited assets are handled in New York divorce cases, what factors courts consider, and how to safeguard your inheritance. If you’re facing a divorce and want to protect what’s rightfully yours, understanding your legal options is essential. Don’t leave your future to chance—learn more today. Read more here: https://lnkd.in/e2aKVttJ #DivorceLaw #NewYorkDivorce #AssetProtection #LegalHelp #FamilyLaw

Navigating the complexities of Qualified Domestic Relations Orders (QDROs) becomes particularly nuanced when remarriage enters the equation. Mahserjian & Mahserjian-Ortiz, PLLC's latest analysis provides vital insights into how New York law addresses these intricate retirement benefit arrangements. Our comprehensive guide examines how remarriage affects existing QDROs, potential modifications required, and strategies for protecting your retirement interests. We explore critical timing considerations, common pitfalls to avoid, and the necessary steps to ensure your QDRO remains properly enforced after significant life changes. Trust Mahserjian & Mahserjian-Ortiz, PLLC to safeguard your retirement benefits during life transitions. Our experienced family law team ensures your QDRO adapts appropriately to your changing circumstances. Read more here: https://lnkd.in/eeFG2KtZ #DivorceLaw #NYLaw #QDRO #RetirementBenefits #FamilyLaw