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Buffalo New York Law Q & A

In this of section our website, we’ve answered hundreds of questions we’ve been asked over the years. So if you have a question, we might have the answer right here.

There are four ways to get an answer to your question.

One, type your question in the search box to the right and click “Search” – every page we have related to that question will then be shown.

Two, below and to the right, you’ll see a section called “Categories”. Just click the section related to your question and every page we have that is applicable to your question will be presented for your review.

Three, the links at the bottom of this page will take you to a web page that can answer many of the questions you might have.

And four, if we don’t have your answer here, or if you’d like to speak with us, feel free to call and arrange a free consultation – either on the phone or in-person.

We can be reached at 716-542-5444, or if the call is long distance, please call 1-800-729-4571.

Yes, a contested divorce can become an uncontested divorce at any point – and vice versa – if you and your spouse can reach a negotiated agreement on whatever issues are outstanding.

At the Preliminary Conference, the two sides will go through a checklist of items relevant to your divorce to see what elements you agree on and which you are at odds over.

This will give you a clearer picture of your situation and help you and your spouse identify which areas can be productive for negotiations.

Because of the cost of litigated divorces, there’s strong incentive for both of you to avoid taking the matter to court.

Some divorces are decided by a judge, but for most couples, finding a mutually agreeable resolution is both possible and preferable.

Call the attorneys at Friedman & Ranzenhofer today at 585-377-5504 for a free consultation with an experienced Rochester divorce lawyer.

Using the no-fault grounds, called Irretrievable Breakdown in New York, is likely to be your fastest and most cost effective path to a divorce, even if your spouse is at fault because of infidelity.

It may feel like you’re missing a chance to have a judge ratify the case against your spouse, but the truth is that proving adultery in New York is very complicated and costly, and it gets you little in return.

Winning a divorce on adultery grounds usually won’t have much impact on the final divorce settlement, and the expenses of building and proving the case may actually cost you money in the long run.

Your attorney is giving you good advice, but if you believe that your concerns aren’t being listened to or taken seriously, you can always seek out a second opinion.

At Friedman & Ranzenhofer, we offer free consultations to people who are considering their options at the end of a marriage.

Call us today at 585-377-5504 and talk to an experienced Rochester divorce lawyer for free.

As a general proposition, no, marital assets do not accrue during a divorce in Buffalo, but the particulars of a given purchase can cause complications during a divorce.

When you file, the court will endeavor to lock things like your financial picture in place, and valuations of property, retirement accounts, and other assets and debts are structured to reflect the day of filing.

Items you purchase after filing for divorce are separate property, but you should be cautious in how you approach big ticket items during the divorce.

Your attorney can advise you about assets you acquire during a divorce and help protect you from a spouse who may want to try to come after purchases you make after filing.

The Buffalo divorce attorneys at Friedman & Ranzenhofer can protect you during your divorce and see that you get the most favorable settlement available.

Call us today at 716-542-5444 for a free consultation.

Except in cases of domestic violence, your spouse will not be ordered to leave your home in Buffalo when you file for divorce.

If you are dealing with abuse in the home, you can ask the court for an order of protection as part of your filing.

Your spouse will be ordered to leave and stay away, and you’ll have protections against them if they violate the order of protection.

Barring domestic violence, odds are that you’ll have to approach the matter of who stays in the house through negotiation.

Your spouse may have a number of reasons to want to stay, including not wanting to give the appearance that they don’t want the house, not wanting to be separated from their children, and not wanting to provide ammunition for future custody disputes.

The team at Friedman & Ranzenhofer understands that when a marriage ends, you want your own space and to start living independently.

We work with you to negotiate an exit strategy for your spouse as soon as possible, and help you get what you want in the ultimate divorce settlement.

Call 716-542-5444 today for a free consultation with an experienced Buffalo divorce lawyer.

If your marriage is on the rocks in Buffalo, you’re dealing with a lot.

It can be hard to know what your next step is, but if you and your spouse are discussing divorce, it may be time to begin some more targeted conversations.

What assets do you share between you, and how do you want those allocated? What about custody of your children? Will there be an ongoing financial relationship in terms of child support or alimony?

It can be hard to know what questions to ask, which is why the attorneys at Friedman & Ranzenhofer offer free consultations to help you understand where you are in the process of beginning a divorce, and what you need should you decide to move forward.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo divorce lawyer.

You can seek a custody modification in Buffalo when your circumstances change significantly and make the existing custody agreement untenable.

If this happens immediately after your divorce, such as by getting a job offer in another city or state, that is grounds to take your issue before a judge for a new hearing.

Generally speaking, judges won’t be willing to hear modification issues short of a major change in your life, and they won’t want to re-litigate a newly minted custody agreement based on minor problems you expect to have.

Custody modification is possible, and when events warrant it, experienced child custody attorneys can ensure that your issues have a full airing before a judge and that you get the best possible outcome.

Call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 to speak to experienced Buffalo child custody attorneys for free.

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Is Child Support Tax Deductible To The Payer In Rochester?

No, child support is not tax deductible to the payer, nor taxable income to the recipient.

Spousal maintenance (alimony) is tax deductible to the paying spouse and taxable income to the recipient spouse, but when it comes to the costs of raising a child, the IRS treats your child support payments the way it would treat the routine costs that go with housing, feeding, and clothing a child in a family that hasn’t divorced.

That is, you can’t write off the ice cream cones, toys, and purchases of new clothes every few months for your growing child. Similarly, you can’t write off the financial equivalent of those expenses that you pay in the form of the child support.

The most important thing you can do to protect yourself financially is ensure that your income has been properly calculated for the purposes of the child support order, and if you can prove you are overpaying, work with the court for a modification.

The attorneys at Friedman & Ranzenhofer handle child support modification actions for clients all over the Rochester area, and can help ensure that your payment is fair and protects your child.

Call us today at 585-377-5504 for a free consultation with an experienced Rochester child support attorney.

If you are subject to a child support order and your child has moved in with you, you will not have to continue paying child support, but you do have to go to a judge to have the child support order removed before you can stop paying.

That’s an extremely important caveat, and if you stop paying before a judge signs off, you may be subject to a variety of unpleasant and expensive penalties.

So to recap: If your child has moved in with you, you need to seek a modification of your child support order.

Keep paying child support as you normally would until the modification is finalized. Only then can you stop paying child support.

When you need a modification of a child support order, or if you’ve accidentally stopped paying before requesting a modification, the attorneys at Friedman & Ranzenhofer can help straighten your situation out.

Call us today at 585-377-5504 for a free consultation with experienced Rochester child support attorneys.

To find out if your spouse has filed for divorce against you but not served you yet, you can contact the County Clerk’s office for more information.

If you find that your spouse has filed, you should promptly consult a divorce attorney for yourself to better understand your options.

There are many reasons why your spouse may not have served you yet, including that they may not be sure they want to proceed.

On the other hand, there may be strategic reasons to wait out much of the service window, which is 120 days, and it may behoove you to file on your own behalf, commence service, and move the action forward.

The attorneys at Friedman & Ranzenhofer are experienced Buffalo divorce attorneys who can help you understand the current situation and make decisions about your next steps.

Call us today at 716-542-5444 for a free consultation.

How much of the appreciation on a home that is owned by your spouse is yours to share in Buffalo depends on several factors, most importantly, how much money you have put into the property that helped add to the appreciation.

For a couple in a relatively short marriage who have split the mortgage payments and watched their local market improve, you may not be entitled to any of the appreciation.

On the other hand, if you financed repairs or renovations that boosted the value, you likely have a claim for some compensation to recoup your investment.

There are a number of ways to approach property distribution and maximizing returns from especially valuable property.

The attorneys at Friedman & Ranzenhofer can help you get the best settlement available to you. Call us today at 716-542-5444 to speak to an experienced Buffalo divorce attorney for free.