Robert G. Smith, PLLC

August 2015 Archives

Social media evidence now admissible in New York custody cases

The Westchester County Supreme Court has ruled that a New York man can present evidence collected from the Facebook profile of his ex-wife in his battle for custody of their 4-year-old child. The father had claimed that the mother had been traveling extensively instead of caring for their child. Asserting that he was the primary caregiver, he asked the court to grant him custody.

Determining when to ask for child support modification

A noncustodial parent who is paying child support and who experiences an adverse change in financial circumstances may be able to request a support modification order. However, it is important to know where the modification request should be submitted. This is important because filing in a particular state may be more advantageous to whoever is making the request as many states have their own ways of calculating support obligations.

New insurance products protects divorced spouses

Sometimes, New York judges order the party who is responsible for paying child support to have a life insurance policy on him or her that will provide proceeds to the custodial parent if he or she dies. However, most courts have not thought of the possibility of the paying spouse becoming disabled and being unable to continue with child or spousal support payments.

Rutherford suffers loss in custody case

California and New York are on opposite sides of the country, but divorced parents in both places are likely paying attention to the recent developments in Kelly Rutherford's custody dispute. The former "Gossip Girl" star was dealt a blow when a judge ruled that the state of California no longer has jurisdiction over the grueling custody battle that Rutherford is fighting with her ex-husband.

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