Blog

Disclaimer: we are not tax professionals and do not provide tax advice. We encourage you to consult with a qualified CPA for tax assistance. The child tax credit is a federal benefit designed to reduce the tax burden for parents raising children. After a divorce, the question of who gets the child tax credit in a divorce becomes critical. A New York divorce lawyer can help you understand the process. more Key Child Tax Credit Facts in New York: The custodial parent (the parent with whom the child lives most of the year) typically claims the credit. Courts may allow alternating claims between parents each year. If one parent earns too little to benefit from the credit, the other may be granted exclusive claiming rights. The credit can be transferred using IRS Form 8332, which the custodial parent must sign. We do not prepare Form 8332, so please contact a tax professional if necessary. Why the Child Tax Credit Matters: The credit can be worth up to $2,000 per child depending on income. It may significantly impact annual refunds or liabilities. Proper allocation helps ensure both parents contribute fairly to child support and care. Why Choose The Law Offices of Joseph H. Nivin, P.C. for Child Tax Credit Guidance? At The Law Offices of Joseph H. Nivin, P.C., our legal team is deeply experienced in family law matters, including financial aspects of divorce such as divorce tax credits. Our Promise to New York Families Deep expertise in family and divorce law across New York. Personalized legal strategies based on your custody and financial situation. A proven track record helping clients maximize financial benefits post-divorce. From filing correct tax forms to negotiating credit-sharing agreements, we provide complete legal support to protect your financial interests. How the Child Tax Credit Process Works Step-by-Step Support: Review custody arrangements and determine primary custody. Evaluate income eligibility to determine who benefits more from the credit. Draft or review legal agreements to formalize tax credit sharing. Prepare IRS documentation (e.g., Form 8332) as needed. Negotiate with the other parent or court when disputes arise. We also provide ongoing legal support to help you adjust arrangements if your financial situation changes. Common Challenges Divorced Parents Face “Can I claim the child tax credit if I’m not the custodial parent?” Only with written permission from the custodial parent using IRS Form 8332. “What if the other parent refuses to share the credit?” We help clients petition the court for fair allocation or modify agreements to ensure equity. “Is the credit split automatically?” No, there is no automatic split. The courts may suggest an alternating year arrangement, but it must be formally outlined. FAQs: Child Tax Credit for Divorced Parents 1. Who gets the child tax credit in a divorce? Typically, the custodial parent receives it. However, a court order or IRS Form 8332 can transfer the right to the noncustodial parent. 2. Can parents alternate the child tax credit? Yes. Courts often order parents to alternate claims each tax year to ensure fairness. 3. What happens if both parents claim the credit? The IRS will audit both returns. Only one parent can legally claim the credit, and penalties may apply. 4. What’s the role of income in determining who gets the credit? If one parent’s income is too low to benefit from the credit, the court may allow the higher-earning parent to claim it annually. 5. Do I need a lawyer for this? A knowledgeable divorce attorney in Queens, NY, like those at The Law Offices of Joseph H. Nivin, P.C., can help ensure the credit is claimed lawfully and beneficially. Related Services Child Custody and Visitation – Forest Hills, NY Child Support – Queens, NY You can also explore helpful IRS guidelines on Who Qualifies for the Child Tax Credit from the IRS. Speak to One of Our Lawyers Today Whether you're negotiating custody, dealing with post-divorce finances, or simply unsure who can claim your child on taxes, The attorneys at the Law Offices of Joseph H. Nivin, P.C. are here to help. Our legal team specializes in divorce and family law across Queens and Brooklyn, NY, ensuring your rights—and your refund—are protected. Call us or contact us online today for a consultation and secure your financial future after divorce: Schedule your service now.

Not all divorces are fraught and full of conflict. Sometimes spouses are on good terms but realize that they would just be better off not married. If that's your case, you may be asking do you need a lawyer to get divorced? At the Law Offices of Joseph H. Nivin in Queens, NY, our divorce attorneys have worked for many clients to help make sure that their amicable divorce is as easy and stress-free as possible. What if It's Amicable? Do You Need a Lawyer To Get Divorced? Technically speaking, you don't need a lawyer to get divorced, but even the New York State Court System recommends that you speak with an attorney before initiating a divorce. Getting a divorce is not just about filing paperwork; even in an amicable divorce, there are conversations that need to happen about the division of marital property, spousal support, child custody, and child support. In New York, the divorce process is streamlined for uncontested cases, allowing couples to finalize their divorce more quickly and with less expense than a contested divorce. more How We Can Help in an Amicable Divorce Ensuring Fairness Even in amicable divorces, it's crucial to ensure that the agreement is fair and equitable. We can help review the terms to ensure that you're not unknowingly giving up important rights, particularly when it comes to the division of assets or spousal support. This is important because when the judge reviews your proposed divorce agreement they will rule on whether or not it is fair. Dividing Assets If you and your spouse have complex assets, such as retirement accounts, investments, or real estate, dividing them properly can be challenging. We can draw up a property settlement agreement that accurately reflects your intentions and adheres to New York law. Drawing Up Child Custody Agreements When you and your spouse have children together, child custody and support will be one of the most important aspects of your divorce agreement. Even if you and your spouse agree on the arrangements, we can help ensure that the agreement is in the best interests of the children and complies with New York's court expectations. Avoiding Future Disputes An amicable relationship today does not guarantee that issues won't arise in the future. A well-drafted divorce agreement, created with the assistance of a lawyer, can minimize the risk of future disputes by clearly outlining each party's rights and responsibilities. Ensuring Correct Procedure in Queens, NY Divorce involves significant paperwork and legal procedures that must be followed to the letter. If the documents submitted to the court contain errors, or there are errors in filing, your divorce can be denied on those grounds. We can help ensure that all documents are correctly filed and deadlines are met so that you don't have to stress. While you are not legally required to have a lawyer for an amicable divorce in New York, our legal assistance can ensure that your rights are protected and that the process goes smoothly. Get in touch with us at the Law Offices of Joseph H. Nivin in Queens, NY to get started on a successful and stress-free divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Divorce is a challenging life event that can have significant financial implications. To safeguard your financial stability during this process, plan carefully and make prudent choices. 1. Assess your financial situation Start by thoroughly examining your financial circumstances. Compile a comprehensive list of your assets and debts to gain a clear understanding of your financial standing. Also factor in potential new debt and expenses. In 2023, 40% of survey respondents incurred between $5,000 and $10,000 in debt after their divorce 2. Create a budget Establishing a budget is a wise move. Determine your monthly expenses, including housing, utilities, groceries and other essentials. Knowing your spending habits will enable you to make informed decisions. 3. Gather financial documents Collect all relevant financial documents, such as bank statements, tax returns, and investment records. Having these in order will streamline the divorce process and ensure you receive your fair share. 4. Open individual accounts Consider opening individual bank and credit card accounts in your name only. This will help you establish financial independence and protect your credit score. 5. Adjust beneficiaries and wills Review and promptly update the beneficiaries listed on your insurance policies, retirement accounts and will to ensure that these documents accurately align with your current desires and preferences. 6. Consider tax implications Divorce can have tax consequences. Seek guidance on how the division of assets and spousal support may affect your tax liability. Being aware of potential tax implications will prevent surprises down the road. 7. Focus on future financial goals Begin to plan for your financial future. Set clear goals and develop a strategy for achieving them, whether it is saving for retirement, buying a home or financing your children’s education. By taking these proactive steps, you can ensure a smoother transition into your post-divorce financial life.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. In recent years, many couples have been drawn to mediation as an alternative to going to court. It is an attractive option because of the benefits it offers: less expense, a faster divorce, confidentiality, a less formal way of divorcing and more control for the couple when it comes to making decisions about their assets and their futures. However, mediation is not appropriate in every case. While mediation is highly effective, it is most effective in cases involving collaborative couples, parties who are willing to negotiate and compromise in good faith. When is mediation a good option? Generally, mediation is optimal for cases where the parties get along, at least to a certain extent. In addition, mediation is ideal for cases where: The parties have some idea of what they want and what the other party wants The parents have no strong objections to compromising and negotiating The couple understands that they will get some things they want but not others There are no extreme factors like domestic violence or other criminal activity In essence, a successful mediation requires parties who are willing to work together to solve problems and who do not need help beyond the scope of what the mediator can provide. When is mediation not the best choice? In some cases, mediation is not appropriate, and traditional litigation is the best course of action for a divorcing couple. For example, in cases where: There is domestic violence or any other alleged criminal activity There is significant conflict, and attorneys for the parties have discovered lies on the part of one or both parties, whether withholding financial information or other inappropriate activities The couple cannot see eye to eye, and their goals, relating to what they wish to get out of the divorce, are extremely far apart from the other person In such cases, judges and court staff can help. Courts provide a structured process, where you are usually represented by counsel and where you can provide evidence, testimony and make your arguments. At the end of the process, the judge will decide based on the law and the evidence provided to the court.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Divorce proceedings are seldom easy. When a couple finds themselves in a contested divorce situation, the complexities can escalate significantly. In such cases, both parties need to maintain some stability and ensure the protection of their rights and interests throughout the process. This is where temporary orders come into play. These orders establish a framework for the duration of the divorce proceedings, ensuring that both spouses have access to necessary. 1. Financial stability One of the primary reasons couples seek temporary orders is to secure their financial stability during the divorce process. This includes provisions for spousal support and child support. Without temporary orders, one spouse may find themself in a precarious financial situation, which can further complicate an already tense situation. 2. Child custody and visitation For couples with children, determining child custody and visitation rights can be emotionally charged and contentious. Temporary orders can help establish a temporary custody arrangement that ensures the children’s well-being and preserves the rights of both parents to spend time with their children. 3. Exclusive use of property In many divorces, couples share a home or other properties. Temporary orders can grant exclusive use of the marital home or certain assets to one spouse, providing a sense of stability and privacy during the divorce proceedings. 4. Preservation of marital assets Temporary orders may also involve directives to prevent the dissipation or sale of marital assets without mutual consent. This safeguards the value of shared properties and assets until determining the final division. Contested divorces accounted for 5.5% of the New York Supreme Court’s 152,484 new cases in 2022, which may mean a divorce turning into a long, drawn-out process. By seeking temporary orders, couples can mitigate some of the emotional and financial burdens that often accompany the process.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Divorce is a lengthy process. There are a few major steps that you must take to go through it. If you want a legal separation, you would follow the same steps. If you separate, there is a waiting period before your divorce. The key to successfully going through a divorce is to know the steps you need to take ahead of time. Here are the steps you must go through to get your divorce. Start your case To start your case, you must file for divorce with the courts and let your spouse know about it formally. Then, your spouse will respond by agreeing to participate or not. Share financial information If you filed for divorce first, you must share your financial information. Your spouse must also fill out this portion of the divorce forms if they decided to participate in the process. Divvy up assets Your next step is to divide your assets and debts as well as child care and spousal or child support. You can use mediation or agree to these things outside of the courts or you can let the state make these decisions for you. Finalize it The last step is the longest, but once you get through it, you are almost finished. Your last step is to submit your final paperwork and the court will dissolve your marriage. If you have decided that you want a divorce, get started on these steps as soon as possible. That will help you get through it sooner so you can get your divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Alimony, also referred to as spousal support or maintenance, plays a crucial role in divorce cases. It helps ensure that both spouses maintain a standard of living close to what they enjoyed during their marriage. Many individuals in New York question if they can receive alimony if they hold a job during the divorce process. In some circumstances, a working spouse may still be eligible for alimony in a New York divorce. Understanding these factors can provide clarity for individuals navigating the complexities of divorce proceedings. Determining factors for alimony Several factors contribute to a court’s decision on whether to grant alimony, regardless of whether the requesting spouse has a job. These include the length of the marriage, the age and health of both spouses, the present and future earning capacity of both spouses and the standard of living established during the marriage. Income discrepancy One of the key considerations in awarding alimony is the income discrepancy between the two spouses. If one spouse earns significantly less than the other, they may receive alimony to help bridge this income gap, even if they are working. The role of the standard of living New York courts also consider the standard of living established during the marriage when determining alimony. If a working spouse’s income is insufficient to maintain this standard of living post-divorce, they may receive alimony to assist in meeting these financial needs. Length of marriage and age of the spouses The length of the marriage and the age of the spouses can also affect alimony awards. Long-term marriages or situations where the lower-earning spouse is nearing retirement age often warrant alimony to ensure financial security for the less financially stable spouse. Ability to become self-supporting The court also assesses the ability of the less financially stable spouse to become self-supporting. If the working spouse cannot reasonably improve their financial status due to factors like age, health or job market conditions, they may qualify for alimony. Having a job does not automatically disqualify a spouse from receiving alimony in a New York divorce. A working spouse can potentially receive alimony if the circumstances align in their favor.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. When you face a divorce, the settlement process can be contentious and hostile if you do not agree on how to handle things. This can leave you waiting for a court hearing and at the mercy of the judge after litigation. If you want more control over the outcome of the settlement, you might consider mediation. There are a few facts that you should understand about the mediation process. The mediator does not make the decisions One of the most common misconceptions about mediation is that the mediator makes the decisions and you have to abide by them. The mediator only facilitates conversations about the settlement, guiding you and your spouse to a mutual agreement. You will not sacrifice your freedom to make decisions if you choose mediation. You do not have to be in agreement for mediation to work Some people hear about mediation and think that it is best suited for couples who already agree on their settlement. Mediation will help you come to those agreements, so you do not need to agree on those decisions beforehand. Mediation works for divorces of all values Sometimes the parties in a high-value divorce feel as though litigation is the only solution to settle their case. The truth is that mediation is just as effective even in high-value cases. Mediation is a valuable resource for couples trying to settle their divorce sooner than the courts could schedule a hearing. The right mediator can guide you through your settlement agreement and help you finalize your divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. It can be difficult to separate the goings-on of daily life from the constant online presence that everyone shares in today’s world. When you are going through a divorce, however, the ability to detach yourself from social media can save you a great deal of trouble and effort throughout the proceedings. Anything you post on social media is visible to the public, and that includes your spouse and their legal team. Even if your spouse is no longer in your social media network, you should understand how they might come across your posts and the role those posts might play in your divorce. Social media posts can serve as evidence Venting your frustrations about your soon-to-be ex-spouse or participating in gossip at their expense can be a harmful thing to do over social media during your divorce. The possibility always exists that the things you say will find their way to your spouse and that those posts can paint you as an aggressor in the relationship. Relationship updates can affect the distribution of marital assets If you are dating or pursuing a new relationship while also proceeding through a divorce, it is important to avoid posting about that relationship on your social media. You might find yourself accused of spending marital assets in your new relationship. According to the New York Courts, the state follows an equitable distribution law that prioritizes an even divide of property, but you may struggle to get your fair share if your spouse uses your new relationship status as evidence against you. Divorce is a sensitive issue, and the use of social media has a tendency to stoke the flames at unfortunate times. Avoiding social media altogether might be in your best interest while trying to navigate the complexities of your divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. After parents call it quits on their marriage, child custody typically becomes contentious. Divorcing spouses experience conflict in the majority of cases. The following problems can worsen the situation. Everyone benefits from finding a resolution. Parenting techniques One reason for a couple getting a divorce could be an inability to agree on child-rearing tactics. For example, ideas about discipline, religion and nutrition might be different. Nonetheless, acting in unison can help maintain a peaceful coexistence. Parenting logistics Even when both parents agree on vital matters, scheduling still poses an obstacle. Constantly shuttling between houses burdens everyone in the family. Back-and-forth travel becomes even more demanding when there is a great distance involved. The question of who should give little Johnny or Sally a ride may become a constant theme. Fortunately, there are coparenting apps to help divorced parents with complex calendars. Sampling a few before settling on one remains a wise strategy. Parenting fitness Sadly, some are incapable of creating safe and loving environments for their offspring. One parent might be struggling with drugs or alcohol. Psychological problems, such as depression or post-traumatic stress disorder, may impede parenting skills. Abuse of any kind, physical or verbal, is never acceptable. All these scenarios cultivate dangerous conditions for little folk. Those with troubled counterparts ought to consider the involvement of professional services. Intervention could be lifesaving. There exists a greater possibility of the responsible adult receiving full-time custody. Raising a child after the dissolution of marriage poses a hefty challenge. Awareness of potential complications grants an opportunity to prevent them from taking root.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Even if you and your spouse agree to a divorce, the entire process is far from simple. Though it helps to start off on a good note, it is far more likely to finalize the divorce without stress, anxiety and tension. There are several things that can derail your divorce proceedings. Knowing about this can help you prepare a plan for how to address them or how to avoid them altogether. 1. Alimony Under state law, either party can request spousal maintenance during a divorce. This is a payment that one spouse will make to the other, either during the divorce or continuing after. The facts of the case will influence the court and decision concerning spousal maintenance, but it is generally awarded as a temporary, permanent or rehabilitative order. 2. Child support The court determines the monthly child support sum, and because the payments continue until a child’s eighteenth birthday, this amount is financially important. The spouse who pays the order can experience significant financial hardships over the long term, while the receiving spouse may not believe the amount ordered is enough. This is an extremely contentious point during divorce cases. 3. Custody Children seem to get caught between spouses, and when there is no compromise, custody battles get difficult. The court may determine which spouse receives primary custody, but in some cases, children are able to make the decision for themselves. An uncontested divorce is the simplest option for legally parting ways, but this is not always possible. Sometimes, pursuing your interest in court is the only way to handle your divorce.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Few things will destroy a marital relationship more quickly or more thoroughly than adultery. When one spouse becomes physically intimate with someone from outside the marriage, the foundation of trust and fidelity that has held up the relationship may start to crumble. Those suspecting infidelity often wait to take action until they are certain that their spouse has cheated. What are some of the more common ways that people uncover their spouse’s infidelity? Will an uncovered affair have an impact on New York divorce proceedings? The proverbial lipstick on the collar One of the more common ways that people get caught cheating is by returning to the marital home with some kind of physical evidence of their recent encounter on their bodies. Perhaps there is a smear of makeup on their clothing or remaining traces of lipstick on a man’s lips. Even unfamiliar cologne or perfume may confirm someone’s worst suspicions. An unexplained second phone or a new lock on an existing one When someone locks down their mobile phone when they previously didn’t care if you quickly accessed it to use their camera, they will usually have a reason for making that change. Shutting you out of a device or locking you out of accounts that you used to have access to could be an attempt to hide bad conduct. A secret second phone is often used solely for that purpose. Missing funds or unexplained charges Conducting an affair isn’t cheap, and spouses often notice the financial evidence. Unexplained or questionable charges on your credit card or frequent cash withdrawals from your bank account could be warning signs. What will adultery mean if you divorce? Most couples divorcing in New York will seek no-fault divorces. However, adultery is one of the fault-based grounds for the dissolution of your marriage. Those with evidence of adultery could pursue a fault-based divorce or trigger an infidelity clause in a marital agreement. Generally, infidelity doesn’t have much of an impact on property division, support or custody decisions in New York divorces. However, a judge can consider infidelity and other spousal misconduct when dividing your property. If your spouse has spent marital assets on their affair, that could impact how the courts divide your property or the resulting debts. Learning more about your rights if you do get divorced could help you if you have serious suspicions about your spouse’s adherence to their marital vows.