David Shapiro

If I Open A 529 Plan For My Child During The Divorce, Will It Be Subject To Equitable Distribution In Queens?

August 21, 2015 by David Shapiro

It may be, and you should be cautious about opening investment plans during a divorce. If your spouse challenges the source of the funds you put into the 529 account, the court could decide that the value of the account is subject to distribution. There are other concerns with 529 plans as … [Read more...] about If I Open A 529 Plan For My Child During The Divorce, Will It Be Subject To Equitable Distribution In Queens?

August 21, 2015 by David Shapiro

Generally speaking, inheritance money is considered a separate asset that is not subject to equitable distribution, but the fact that a will or trust is pending may affect the terms of the ultimate settlement agreement. The loss of inheritance rights is a factor in divorce, especially when the … [Read more...] about Do I Get Any Portion Of My Spouse’s Future Inheritance In Our Divorce In Queens?

August 21, 2015 by David Shapiro

No, assuming the gift was deposited into a separate bank account, your gifts of cash from family shouldn’t be subject to equitable distribution. The situation is murkier if the funds were deposited into a joint account, and the court could find that the gift became marital property in that case. … [Read more...] about Are Cash Gifts From My Relatives Subject To Equitable Distribution In A Queens Divorce?

August 21, 2015 by David Shapiro

Yes, if you hide assets or otherwise treat the divorce process in bad faith, your spouse may have grounds to reopen the issue later, with costly results. Depending on various factors, your entire settlement agreement may even be found invalid, requiring a costly renegotiation that will likely … [Read more...] about If I Don’t Disclose A Marital Asset In My Queens Divorce, Can My Spouse Come After It Later?

August 17, 2015 by David Shapiro

Whether or not you’re violating the “first right of refusal” language in your custody orders has a lot to do with the specific language in the order. In most cases, a situation like the one you describe would not be considered a violation, but it’s difficult to know exactly what a given judge … [Read more...] about My Ex Says My Child Should Sleep At Their House Since I Work Nights, But My Child Is In Bed And In The Care Of Her Grandparents Long Before I Leave For work. Am I Violating “First Right Of Refusal” By Going To Work In Queens?

August 17, 2015 by David Shapiro

Without knowing more, it’s impossible to put your mind entirely at ease, but based on these facts, it’s likely that your former spouse’s custody petition won’t succeed. It’s not unusual for an ex to take drastic, even unfair measures when their former spouse is remarrying, but putting your child … [Read more...] about I’ve Been My Child’s Primary Caregiver For The Last Few Years, But My Ex Has Filed For Custody Now That I’m Remarrying. What Chance Do They Have To Get Custody In A Queens Court?