Erie County, NY Child Support Lawyers
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Dana L. Herrington
Child Support, Child Custody, Divorce & Family Law, Medical Malpractice
Status: In Good Standing Licensed: 18 Years
403 Main Street, Buffalo, NY 14203
Profile LAWPOINTS™55/100
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Linda M. Dipasquale
Family Law, Divorce, Child Support, Adoption
Status: In Good Standing Licensed: 35 Years
1 Niagara Square, Buffalo, NY 14202
Profile LAWPOINTS™34/100
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LEGAL TERMS
COMMUNITY PROPERTY
A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings ar... (more...)
A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings are considered community property and all debts incurred during marriage are community property debts. Community property laws exist in Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. Compare equitable distribution and separate property.
IN CAMERA
Latin for 'in chambers.' A legal proceeding is 'in camera' when a hearing is held before the judge in her private chambers or when the public is excluded from t... (more...)
Latin for 'in chambers.' A legal proceeding is 'in camera' when a hearing is held before the judge in her private chambers or when the public is excluded from the courtroom. Proceedings are often held in camera to protect victims and witnesses from public exposure, especially if the victim or witness is a child. There is still, however, a record made of the proceeding, typically by a court stenographer. The judge may decide to seal this record if the material is extremely sensitive or likely to prejudice one side or the other.
SOLE CUSTODY
An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.
JOINT CUSTODY
An arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody (in which both parents have a... (more...)
An arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody (in which both parents have a say in decisions affecting the child) joint physical custody (in which the child spends a significant amount of time with both parents) or, very rarely, both.
ZONING
The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location... (more...)
The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location, and use of buildings within these different areas.
CONDONATION
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.
TENANCY BY THE ENTIRETY
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the su... (more...)
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.
NEXT FRIEND
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'
SICK LEAVE
Time off work for illness. Most employers provide for some paid sick leave, although no law requires them to do so. Under the Family and Medical Leave Act, howe... (more...)
Time off work for illness. Most employers provide for some paid sick leave, although no law requires them to do so. Under the Family and Medical Leave Act, however, a worker is guaranteed up to 12 weeks per year of unpaid leave for severe or lasting illnesses.
SAMPLE LEGAL CASES
MATTER OF SPENCER v. Spencer
... When a Connecticut child support order has expired because the child has reached 18 (the age
of majority under Connecticut law), is a subsequent New York child support order for support
of the same child to age 21 (the age of majority under New York law) a new order or a ...
Higgins v. Higgins
... he made on a loan against his Ford Motor Company Savings Plan, (3) awarding the defendant
a credit for payments of the mortgage, taxes, homeowner's insurance, and other expenses
connected with the marital residence, (4) awarding the plaintiff child support, (5) fixing child ...
Beth R. v. Donna M.
... However, parallel to that developing case law has been the continued use of equitable estoppel
as a defense where a person, typically a nonbiological father, seeks to avoid child support
obligations or the biological father belatedly seeks recognition of his parental rights. ...
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