Capetola & Divins, P.C.

10/21/2026

NY Child Support

10/19/2026

CALCULATING SUPPORT WHEN A SPOUSE IS WORKING OFF THE BOOKS

When one spouse works off the books or in a predominately cash business, there is the fear from the other spouse of an inability to capture that person’s true income for support purposes. While it is true, without records and reliable tax returns figuring out a person’s true income can be challe...

10/16/2026

Think You're Married in NY? Think Again!

10/15/2026

Exclusive Use and Occupancy of the Marital Residence in a New York Divorce

In a New York divorce action, either spouse may seek an Order granting exclusive use and occupancy of the marital residence while the divorce is pending. Under New York law, exclusive use and occupancy allows one spouse to remain in the marital home while requiring the other spouse to vacate the pre...

10/14/2026

Finding your spouse on a dating app can be devastating. We're here to help.

10/12/2026

DO GRANDPARENTS HAVE A RIGHT TO VISIT THEIR GRANDCHILD(REN)?

You are a grandparent and love and enjoy your grandchild(ren), but unfortunately, you are now prevented from visiting them or having any contact with them. You miss them and want to know if you have a legal right to see them.Domestic Relations Law §72(1) states that where either or both of the pare...

10/08/2026

Breach of Contract

10/07/2026

Assini v. Hayward, 2026 NY Slip Op 26086 (Sup. Ct., Nassau County June 4, 2026)

The rapid adoption of generative artificial intelligence in legal practice is creating new questions concerning the discoverability and protection of AI-assisted litigation materials. In Assini v. Hayward, the Supreme Court, Nassau County addressed one such question, holding that a litigant's AI-ass...

10/05/2026

Relocate with a Child in a New York Custody Case

A parent seeking to relocate with a child in a New York custody case must show that the proposed move is in the child’s best interests. The court considers factors such as the reason for the relocation, the child’s relationship with each parent, the educational and economic opportunities availab...

10/01/2026

Halloween & Parental Access

One of the hardest aspects of the holidays for people going through a divorce, or who are divorced, is to not share every holiday with your children. During settlement negotiations with your spouse, it is important to workout a holiday access schedule. This not only includes major religious holidays...