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Family Law Recent Legistation of Interest, compiled by Steven G. Wiseman, Esq.

As of November 1, 2008, failure to pay court-ordered child support is a crime in New York State. Penal Law section 260.05(2) provides that "a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment." A conviction under the section is a Class A misdemeanor, which is punishable by imprisonment of up to one year. A second conviction, if within five years of a previous conviction for non-payment of child support, is a Class E felony, which is punishable of up to four years.

Prior to July 21, 2008, Family Court's authorization to grant civil orders of protection was limited to persons related to each other, spouses or former spouses, or persons who have a child in common whether ever married or ever living together. Thus, a person who had been involved with another person, but not related, married, or having a child in common with that person, could not obtain an order of protection from Family Court even if the other person's conduct would have otherwise warranted the granting such an order. Effective as of July 21, 2008, the class of persons who may seek an order of protection from Family Court has been extended to persons "who are or have been in an intimate relationship regardless of whether such persons have lived together at any time." In determining whether a relationship is an "intimate relationship," the factors considered include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. A casual acquaintance or ordinary fraternization between two individuals in business or social contexts does not constitute an "intimate relationship".

Relocation

New York's highest Court has apparently eased the burden placed upon custodial parents who wish to relocate with the children. The best interests of the children in light of all of the circumstances is now the central issue.

Child Support:

The Courts continue to tinker with the child support formulae and how they are to be applied to varying levels of income. For paying parents earning over $80,000.00 per year, the children's "needs" may be paramount.

Education:

The law concerning the value of educational achievement during marriage continues to evolve. Almost any license, degree, or certification that increases earning power can be valued and distributed upon divorce.