{"id":119138,"date":"2025-11-10T13:08:55","date_gmt":"2025-11-10T13:08:55","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=119138"},"modified":"2025-11-13T09:23:37","modified_gmt":"2025-11-13T09:23:37","slug":"united-states-new-york-family-law","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/united-states-new-york-family-law\/","title":{"rendered":"United States &#8211; New York: Family Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-119138","comparative_guide","type-comparative_guide","status-publish","hentry","guides-family-law","jurisdictions-united-states-new-york"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Rabin Pfeffer<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/11\/rabin-pfeffer.png\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Rabin Pfeffer<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/11\/rabin-pfeffer.png\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Family Law laws and regulations applicable in United States &#8211; New York<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for divorce and property division? How do the concepts of domicile, residence and nationality apply in relation to divorce and financial arrangements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The parties must meet jurisdictional requirements to seek a divorce in a New York court, found in New York Domestic Relations Law (\u201cNY DRL\u201d) \u00a7230, which are residential.<\/p>\n<ul>\n<li>The marriage occurred in New York, one party has resided in New York continuously for at least one year immediately prior to the commencement of the action (\u201ccommencement\u201d) and that party remains a resident as of commencement.<\/li>\n<li>The parties have resided in New York as Husband and Wife and one party has resided in New York continuously for at least one year immediately prior to commencement.<\/li>\n<li>The cause of action has arisen in New York and both parties are residents at commencement, or one party has resided in New York continuously for at least one year immediately prior to commencement.<\/li>\n<li>Either party has resided in New York for a continuous period of two years prior to commencement.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What factors do local courts take into account when determining forum\/jurisdiction issues? In what circumstances (if at all) would your jurisdiction stay divorce proceedings in favour of proceedings in another country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In deciding which court should handle a case, especially those with interstate complexities, the Court evaluates multiple criteria. Specifically, it reviews when the documents were filed, the legitimacy of those filings, its own authority to hear the case (subject matter jurisdiction) and rule over the people involved (personal jurisdiction), and the suitability of New York as the venue. For custody and support cases involving multiple states, state laws\u2014namely the Uniform Child Custody Jurisdiction and Enforcement Act (for custody) and the Uniform Interstate Family Support Act (for support)\u2014establish a required procedure for determining the proper jurisdiction, which can include the respective courts communicating with one another.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the grounds for divorce and are they fault-based? What is the broad procedure and timeline for divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are both fault-based grounds and no-fault grounds for divorce, which are set forth in New York Domestic Relations Law \u00a7170(1)-(7).<\/p>\n<p>Fault-Based Grounds:<\/p>\n<ul>\n<li>Cruel and inhuman treatment (the conduct of the defendant must endanger the physical or mental well-being of the plaintiff as to render it unsafe or improper for the plaintiff to cohabit with the defendant).<\/li>\n<li>Abandonment (actual or constructive, for a period of one or more years).<\/li>\n<li>Imprisonment (defendant incarcerated for three or more consecutive years after the marriage).<\/li>\n<li>Adultery.<\/li>\n<\/ul>\n<p>No-Fault Grounds:<\/p>\n<ul>\n<li>Living separate and apart for one or more years pursuant to a written separation agreement that was subscribed by the parties and acknowledged or proved in the form required for a deed to be recorded or pursuant to a decree\/judgment of separation; the plaintiff must have substantially performed all the terms and conditions of the agreement or decree\/judgment.<\/li>\n<li>Irretrievable breakdown of the marriage for a period of at least six months, provided that one party states so under oath. (The court will not issue a Judgment of Divorce until the ancillary custodial and economic issues, if any, have been resolved.)<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements for service of divorce proceedings in your jurisdiction? Can you make a joint application for a divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A party is served with either a Summons with Notice or a Summons and Verified Complaint. These pleadings must be personally served on the opposing party; however, if a party is represented by counsel, it is typical that counsel will agree to accept service on the represented party\u2019s behalf in lieu of personal service. The Summons must have legibly written or printed on the face the applicable phrase: \u201cAction to annul a marriage\u201d, \u201cAction to declare the nullity of a void marriage\u201d, \u201cAction for a divorce\u201d or \u201cAction for a separation\u201d.<\/p>\n<p>A married couple may jointly filed uncontested divorce papers; however, one spouse must be designated as plaintiff and the other as defendant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are the following recognised in your jurisdiction? a. Foreign marriages; b. Foreign civil partnerships \/ civil unions; c. Customary marriages, or d. Religious marriages.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>New York will generally recognise a civil union, domestic partnership, or legal relationship validly entered into in another U.S. state or foreign country if it grants rights and responsibilities equivalent to those of a New York marriage.<\/p>\n<p>The foreign religious divorce decree must be civilly enforceable in the jurisdiction where it was issued and it must not violate public policy in New York.<\/p>\n<p>Religious Marriages may be recognised as civil marriages under New York law if they meet certain requirements under the State solemnisation statute, including being solemnised (performed in a ceremony) by a person authorised by law (like a clergyperson), and the parties must declare their intent to take each other as spouses in the presence of at least one witness.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are same sex marriages \/ unions recognised in your jurisdiction and if so, how?  Does your jurisdiction recognise same sex marriages \/ unions that have taken place in another jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Same-sex marriages have been recognised in New York since the Marriage Equality Act was enacted on July 24, 2011. They are treated with the same rights, responsibilities, and privileges as opposite-sex marriages under state law.<\/p>\n<p>Marriages, civil unions, and domestic partnerships between individuals of the same sex legally performed in other jurisdictions are also recognised in New York.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the substantive financial orders (e.g. capital, property, pensions and maintenance \/ alimony) the court can make?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Courts may award spousal support and child support pursuant to the Family Court Act (\u201cFCA\u201d) and Domestic Relations Law. In the case of spousal support, only the Supreme Court, as opposed to the Family Court, may enter a final award of spousal support in the context of a divorce action.<\/p>\n<p>New York\u2019s child support laws are set forth in the Child Support Standards Act, FCA \u00a7 413 and NY DRL \u00a7 240(1-b).<\/p>\n<p>Child support is calculated based on a percentage (determined by the number of children for which child support will be paid) of the total combined parental gross income, after specified deductions for Social Security and Medicare [FICA] and New York City or Yonkers taxes, as well as according to 10 factors considered by the court.<\/p>\n<p>1. The financial resources of the custodial and non-custodial parent, and those of the child;<\/p>\n<p>2. The physical and emotional health of the child and his\/her special needs and aptitudes;<\/p>\n<p>3. The standard of living the child would have enjoyed had the marriage or household not been dissolved;<\/p>\n<p>4. The tax consequences to the parties;<\/p>\n<p>5. The non-monetary contributions that the parents will make toward the care and well-being of the child;<\/p>\n<p>6. The educational needs of either parent;<\/p>\n<p>7. A determination that the gross income of one parent is substantially less than the other parent\u2019s gross income;<\/p>\n<p>8. The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income pursuant to subclause (D) of clause (vii) of subparagraph five of paragraph (b) of this subdivision, and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;<\/p>\n<p>9. Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent\u2019s expenses are substantially reduced as result thereof; and<\/p>\n<p>10. Any other factors the court determines are relevant in each case, the court shall order the non-custodial parent to pay his or her pro rata share of the basic child support obligation, and may order the non-custodial parent to pay an amount pursuant to paragraph (e) of this subdivision.<\/p>\n<p>The non-custodial parent pays what is called \u201cBasic Child Support\u201d to the residential custodial parent to cover certain of the child\u2019s daily living and housing expenses, the amount of which is arrived at per the above analysis.<\/p>\n<p>The parties pay additional expenses (\u201cadd-ons\u201d) for the child in their respective pro rata shares of the combined parental income. These add-ons include unreimbursed health care costs, childcare to allow the custodial parent to work or seek employment, and educational and enrichment expenses (educational and enrichment expenses are discretionary with the court).<\/p>\n<p>Temporary and final spousal support is calculated pursuant to formulas set forth in NY DRL \u00a7236(5-a) and (6). The formula is income-based to a point but provides the court with the ability to deviate from a formulaic approach based on its consideration of 13 factors.<\/p>\n<p>1. The age and health of the parties;<\/p>\n<p>2. The present or future earning capacity of the parties, including a history of limited participation in the workforce;<\/p>\n<p>3. The need of one party to incur education or training expenses;<\/p>\n<p>4. The termination of a child support award during the pendency of the temporary maintenance award when the calculation of temporary maintenance was based upon child support being awarded and which resulted in a maintenance award lower than it would have been had child support not been awarded;<\/p>\n<p>5. The wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration;<\/p>\n<p>6. The existence and duration of a pre-marital joint household or a pre-divorce separate household;<\/p>\n<p>7. Acts by one party against another that have inhibited or continue to inhibit a party\u2019s earning capacity or ability to obtain meaningful employment. Such acts including but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law;<\/p>\n<p>8. The availability and cost of medical insurance for the parties;<\/p>\n<p>9. The care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party\u2019s earning capacity;<\/p>\n<p>10. The tax consequences to each party;<\/p>\n<p>11. The standard of living of the parties established during the marriage;<\/p>\n<p>12. The reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during the marriage; and<\/p>\n<p>13. Any other factor which the court shall expressly find to be just and proper.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the guiding principles adopted in your jurisdiction in relation to the division of assets?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>See response to Marital Agreements No. 14 below.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the court make interim financial provision during proceedings? (including for legal and interim maintenance \/ alimony costs) during the proceedings, and what factors are taken into account?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. See response to No. 8 above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is ongoing spousal maintenance \/ alimony dealt with \u2013 is it typically awarded for a fixed term or on an ongoing basis? Is there a standard formula for calculating the amount and duration, or do judges retain discretion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>See response to No. 8 above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign financial orders?  How is enforcement dealt with to ensure compliance with financial orders following divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Uniform Foreign Country Money Judgments Act (2021), codified in NY Civil Practice Law and Rules (CPLR) Article 53, governs the enforcement of foreign money judgments in New York, provided certain due process standards have been met in the obtaining of the foreign judgment.<\/p>\n<p>Other provisions of the NY Domestic Relations Law (DRL \u00a7\u00a775 and 236) and Family Court Act (FCA \u00a7 115 and Article 5-B) provide for the recognition and enforcement\/modification of foreign divorce judgments, child custody and child support orders.<\/p>\n<p>A party may seek numerous remedies from a court relating to enforcement of orders, including, but not limited to, specific performance, contempt and a money judgment for unpaid distribution. The court may also award counsel fees and costs to the non-defaulting party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can financial claims be made in your jurisdiction after an overseas divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, divorce decrees issued in foreign countries are recognised in New York on the basis of &#8220;comity&#8221; (civility and courtesy), if certain requirements are met.<\/p>\n<p>Once a foreign divorce judgment is recognised by a New York court, it can serve as the basis for an action seeking post-judgment financial relief.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction operate a marital property regime and if so, which?  Is there a default matrimonial property regime? Are foreign property regimes recognised and if not, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>New York law applies the principles of Equitable Distribution, which does not necessarily mean an equal distribution of marital assets. The court will take into account the 16 factors outlined in NY DRL \u00a7 236:<\/p>\n<p>1. The income and property at the time of marriage, and at the time of the commencement of the action;<\/p>\n<p>2. The duration of the parties\u2019 marriage and the age and health of both parties;<\/p>\n<p>3. The need of a custodial parent to occupy or own the marital residence and to use or own its household effects;<\/p>\n<p>4. The loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution;<\/p>\n<p>5. The loss of health insurance benefits upon dissolution of the marriage;<\/p>\n<p>6. Any award of maintenance under subdivision 6 of DRL \u00a7 236(B) of the DRL;<\/p>\n<p>7. Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wager earner and homemaker, and to the career potential of the other party;<\/p>\n<p>8. The liquid or non-liquid character of all marital property;<\/p>\n<p>9. The probably future financial circumstances of each party;<\/p>\n<p>10. The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party;<\/p>\n<p>11. The tax consequences to each party;<\/p>\n<p>12. The wasteful dissipation of assets by either spouse;<\/p>\n<p>13. Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;<\/p>\n<p>14. Whether either party has committed an act or acts of domestic violence against the other party and the nature, extent, duration and impact of such act or acts;<\/p>\n<p>15. In awarding the possession of a companion animal, the court shall consider the best interest of such animal. \u201cCompanion animal\u201d, as used in this subparagraph, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law; and<\/p>\n<p>16. Any other factors which the court expressly finds to be just and proper.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are pre-nuptial and post-nuptial agreements binding? Is it different if the prenuptial or post nuptial agreement was concluded in your jurisdiction (as opposed to another jurisdiction)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Pre- and postnuptial agreements are generally recognised in New York, whether domestic or foreign.<\/p>\n<p>A New York agreement must be subscribed by the parties and acknowledged or proved in the form required for a deed to be recorded. These formalities are found in New York\u2019s Real Property Law.<\/p>\n<p>The agreement must also be made in conformance with generally applicable standards for contracts, meaning that the agreement cannot be the product of fraud, duress, or coercion, and cannot be unconscionable or violate public policy.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is maintenance for a child dealt with in your jurisdiction? What is the duration of a child maintenance order?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>New York\u2019s child support laws are set forth in the Child Support Standards Act, FCA \u00a7 413 and NY DRL \u00a7 240(1-b).<\/p>\n<p>Child support is calculated based on a percentage (determined by the number of children for which child support will be paid) of the total combined parental gross income, after specified deductions for Social Security and Medicare [FICA] and New York City or Yonkers taxes, as well as according to 10 factors considered by the court.<\/p>\n<p>1. The financial resources of the custodial and non-custodial parent, and those of the child;<\/p>\n<p>2. The physical and emotional health of the child and his\/her special needs and aptitudes;<\/p>\n<p>3. The standard of living the child would have enjoyed had the marriage or household not been dissolved;<\/p>\n<p>4. The tax consequences to the parties;<\/p>\n<p>5. The non-monetary contributions that the parents will make toward the care and well-being of the child;<\/p>\n<p>6. The educational needs of either parent;<\/p>\n<p>7. A determination that the gross income of one parent is substantially less than the other parent\u2019s gross income;<\/p>\n<p>8. The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income pursuant to subclause (D) of clause (vii) of subparagraph five of paragraph (b) of this subdivision, and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;<\/p>\n<p>9. Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent\u2019s expenses are substantially reduced as result thereof; and<\/p>\n<p>10. Any other factors the court determines are relevant in each case, the court shall order the non-custodial parent to pay his or her pro rata share of the basic child support obligation, and may order the non-custodial parent to pay an amount pursuant to paragraph (e) of this subdivision.<\/p>\n<p>The non-custodial parent pays what is called \u201cBasic Child Support\u201d to the residential custodial parent to cover certain of the child\u2019s daily living and housing expenses, the amount of which is arrived at per the above analysis.<\/p>\n<p>The parties pay additional expenses (\u201cadd-ons\u201d) for the child in their respective pro rata shares of the combined parental income. These add-ons include unreimbursed health care costs, childcare to allow the custodial parent to work or seek employment, and educational and enrichment expenses (educational and enrichment expenses are discretionary with the court).<\/p>\n<p>Basic child support and add-ons run through the age of 21 or earlier emancipation, as defined by statute (sometimes, the parties may agree to child support through the age of 22, typically in cases where the child is attending college or university full-time).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">With the exception of child maintenance, does the court have power to make any orders for financial provision for a child, e.g. housing and\/or capital sums?  If so, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are orders that a New York court may make that impact a child\u2019s housing and support.<\/p>\n<p>A court can grant the custodial parent exclusive occupancy of the marital residence for a specific period, sometimes until the youngest child reaches the age of majority (21 in NY), graduates from high school, or achieves some other emancipation event.<\/p>\n<p>While the house itself may be a marital asset subject to Equitable Distribution, the court must consider the &#8220;need of a custodial parent to occupy or own the marital residence&#8221; as a major factor when deciding how to divide assets in divorce. The court can award the home to the custodial parent, often with an offset of other marital assets to the other spouse, or order a deferred sale.<\/p>\n<p>The court may also order an advance on equitable distribution to a parent during the pendency of the divorce action, meaning that parent would potentially have funds to dedicate to housing and other living expenses prior to the final distribution of assets between the parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is cohabitation recognised and if so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Common law marriage is not recognised under New York State law. A cohabitating couple may safeguard and protect their rights and assets by entering into a Cohabitation Agreement, but any such agreement cannot create a marriage where one does not otherwise exist. This legal document may address a wide variety of topics, such as housing arrangements and property distribution, finances, estate rights, debts, and pet ownership.<\/p>\n<p>A couple may also receive a smaller subset of protections compared to a married couple by registering as Domestic Partners.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What financial claims, if any, do cohabitees have when they separate and how are such claims determined i.e. what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no financial rights that arise solely from cohabitation. Certain civil financial claims may be possible if the couple owns jointly titled property, or if they have entered into a cohabitation agreement which establishes financial rights. The agreement terms can also clarify each partner\u2019s financial obligation toward expenses and debts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal status of separated parents in relation to their children? Does it make a difference if the parents were never married?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the parents are separated but married, neither parent is presumed to have a greater right to custody of the child until there is an agreement or court order stating otherwise.<\/p>\n<p>If the parents were never married, the mother is automatically considered the sole legal and physical custodian of the child until the other parent&#8217;s paternity (or parentage) is legally established.<\/p>\n<p>If the other parent has been legally established as the parent of the child, as in that parent is identified on the child\u2019s birth certificate and an acknowledgment of parentage has already been executed, or an order of filiation has been issued by a court, then the second parent has the right to petition the court for custody (legal and\/or physical) and visitation\/parenting time.<\/p>\n<p>In some cases, a third party may seek to establish parental rights to a child, even if this person was not married to the parent listed on the child&#8217;s birth certificate and did not adopt the child, where that party establishes standing to seek custodial\/parenting access rights on equitable estoppel grounds or by proving that the parties had an unabated plan\/agreement to conceive\/raise the raise the child together.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for child arrangements\/child custody proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Uniform Child Custody Jurisdiction Enforcement Act (NY DRL Article 5-A; \u00a775 et seq. (&#8220;UCCJEA&#8221;)) governs child custody proceedings in New York. The four available jurisdictional grounds under the statute are: (a) the child&#8217;s home state; (b) significant connection, which exists when a state has substantial evidence about a child as a result of the child&#8217;s significant connections to that state; ( c) emergency (abandonment or abuse); or (d) a vacuum (when no other jurisdictional basis exists). Except in emergency cases, the UCCJEA eliminated a child&#8217;s physical presence in a state as grounds for exercising jurisdiction. NY DRL \u00a776 (3).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to contact following the breakdown of a relationship? What types of orders can the court make in relation to child custody\/a child\u2019s living arrangements and what are the guiding principles?  What steps are followed to hear the voice of the child?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The guiding principle in all proceedings and for all orders regarding the custody and care of a child or children is the best interests of the child(ren).<\/p>\n<p>Court orders concerning children address decision-making authority (legal custody), physical living arrangements (whether there is a primary custodian or not), and the schedule for each parent&#8217;s access, including holidays and vacations. Additionally, the court may set rules or protocols to govern the parents&#8217; interactions and communications.<\/p>\n<p>Courts may also appoint professionals in a custody proceeding, including forensic custody evaluators (mental health professions such as psychologists and psychiatrists), as well as guardians ad litem or attorneys for the children. In exceptional circumstances, a Judge may direct for an in camera meeting with the child.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules relating to the relocation of a child within and outside your jurisdiction and what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In New York, decisions regarding the relocation of a child are guided primarily by the principle of the child\u2019s best interests. Courts consider each request on a case-by-case basis, examining the totality of the circumstances and considering factors such as the potential impact on the child\u2019s relationship with the non-custodial parent, the stability of the proposed new home, school arrangements, the economic opportunities available to the custodial parent, and the child\u2019s broader social and familial connections. Preserving meaningful access to both parents remains a central concern. Jurisdictional questions are addressed under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which ensures that custody determinations made outside New York are recognised if consistent with state standards. This framework promotes uniformity, prevents conflicting custody orders, and centres the child\u2019s welfare in all relocation decisions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign orders for contact\/custody of children?  Does your court operate a system of mirror orders?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The parent seeking to recognise and enforce the order must file a request for registration with the New York Court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act [Domestic Relations Art. 5-A]. The other parent\/party is notified of the registration. The notice also states that the registered order is enforceable in New York as a local order from the date of registration. The other party has a limited time to request a hearing to contest the registration. Once the registration is confirmed, the foreign custody determination is enforceable in the same manner as a New York custody order. The court may use its full range of powers to enforce and\/or modify the terms of the custody order, such as ordering the return of a child, enforcing a visitation schedule, or issuing a warrant to take physical custody of a child if necessary.<\/p>\n<p>The New York courts do not operate under a system of \u201cmirror order\u201d.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position on international abduction? Is your jurisdiction a signatory of The Hague Convention on the Civil Aspects of International Child Abduction 1980?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The United States is a signatory to the Hague Convention. The Parental Kidnapping Prevention Act and the Uniform Child Custody Jurisdiction and Enforcement Act apply domestically.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the status of surrogacy arrangements and are surrogates permitted to be paid? Is surrogacy available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the New York Child-Parent Security Act (CPSA), gestational surrogacy is legal in New York. In gestational surrogacy, the surrogate has no genetic connection to the child, as her egg is not used in the fertilization process. Surrogacy arrangements where the surrogate provides\/provided the egg, continue to be prohibited.<\/p>\n<p>To serve as a surrogate, individuals must meet specific eligibility and screening criteria set by the state. The intended parent(s) also undergo screening to ensure they are prepared for the surrogacy process.<\/p>\n<p>Once all parties are medically and psychologically cleared, each retains independent legal counsel to draft and review a surrogacy agreement. This agreement outlines the rights and responsibilities of both the surrogate and the intended parent(s) and must comply with the detailed requirements set forth in Article 5-C, Part 4 of the New York Family Court Act. Only after the agreement is fully executed can the IVF process and embryo transfer proceed.<\/p>\n<p>Importantly, the CPSA allows for compensated surrogacy, pursuant to strict legal, regulatory, and contractual guidelines governing such compensation.<\/p>\n<p>Surrogacy in New York is available to all individuals and couples, regardless of marital status, sexual orientation, or gender identity, who wish to become parents through gestational surrogacy. This includes both heterosexual and same-sex couples, as well as single intended parents. To be eligible, at least one intended parent must be a U.S. citizen or a lawful permanent resident who has lived in New York State for at least six months.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to adoption? Is adoption available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In New York, adoption is broadly accessible to a wide range of individuals and couples. Any adult over the age of 18 may adopt, regardless of marital status or sexual orientation. Eligible adoptive parents include single individuals, married couples, unmarried couples (both heterosexual and same-sex), and legally separated spouses. The law applies equally to both heterosexual and same-sex prospective parents, with all applicants held to the same legal standards and requirements in the adoption process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What forms of non-court dispute resolution (including mediation) are available in your jurisdiction? Is non-court dispute resolution mandatory? What is the status of agreements reached via NCDR?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Alternative dispute resolution (mediation, arbitration and\/or collaborative law) are privately available options.<\/p>\n<p>There are court-sponsored mediation, neutral evaluation and other ADR programs pursuant to which cases are referred to ADR in the course of litigation. The parties may or may not be mandated to go to mediation (many such programs require parties to a dispute to opt in to mediation or other ADR modalities). The courts may also facilitate settlement conferences.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which areas of family law are likely to see reform in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Some examples include:<\/p>\n<p>A recent New York court decision speaks to more stringent requirements for spousal maintenance waivers in prenuptial agreements. This is an area that is likely to be further developed and clarified by New York courts.<\/p>\n<p>The New York Child-Parent Security Act (CPSA), which recently went into effect in February 2021 and is discussed in response to Question 26 above, may be subject to further reform.<\/p>\n<p>The rise in AI-generated evidence and the resulting legal and ethical implications in family law matters is an area that will garner continued attention. The NY State Unified Court System has recently instituted an interim policy on the use of artificial intelligence in all court matters.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are family proceedings conducted in private? Is the press allowed to attend hearings? Are judgments made public?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Judicial proceedings in the Supreme Court and Family Court are presumptively open to the public and the press unless there are compelling reasons for closure. A judge has the authority, under Domestic Relations Law \u00a7235(2), to exclude the public from the courtroom during a matrimonial action if the &#8220;public interest requires that the examination of the witnesses should not be public.&#8221;<\/p>\n<p>Divorce judgments are not made public. Divorce action records are sealed by default and accessible by only parties and counsel.<\/p>\n<p>Court decisions that are published are therefore made public.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does relationship breakdown impact death and estate planning?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A relationship breakdown, such as divorce or annulment, can have profound implications for estate planning in New York. Under Estates, Powers, and Trusts Law (EPTL) \u00a75-1.4, divorce automatically revokes property dispositions and fiduciary appointments to a former spouse unless the governing document explicitly states otherwise. Joint tenancy with the right of survivorship is generally severed, converting the interest into a tenancy in common, and any revoked provisions are treated as though the former spouse predeceased the decedent, but they may be revived if the former spouses remarry. These rules apply to wills, trusts, life insurance, retirement accounts, and other estate planning instruments. As a result, individuals undergoing a divorce or separation must carefully review and update all estate planning documents, account titles, and beneficiary designations to ensure that their current intentions are accurately reflected and legally enforceable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5384<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/119138","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=119138"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}