Publications

10.28.15

If you pay child support for a child who goes away to college, you are entitled to a credit for money you spend on room and board. Read Full Case

9.2.15

In family law cases focused on child support, visitation and custody- reducing visits with the child is not enough to increase child support. Read Full Case

4.30.14
In a divorce matter where the marital residence is at issue, the Court should give the parties the option of retaining exclusive occupancy of the residence upon payment of the marital debts, within a reasonable amount of time,” says attorney Joseph H. Nivin. Read Full Case or NY State Supreme Court

3.21.14

You can beat an order of protection case if the person seeking an order against you can’t show intent to cause public harm. Read Full Case

2.28.14
Attorney Joseph H. Nivin’s success in this case shows it’s not impossible to overturn a trial court’s factual determinations! Read Full Case or Published by New York State Law Reporting Bureau.

2.14.14

Are you involved in a relocation case? The party seeking to relocate has to be specific about how the relocation would be good for the children. If the party fails to prove this, then the case may be dismissed, without the other party even presenting a case. Read Full Case or Supreme Court of the State of New York.

1.28.14

If you have a contested custody case in Family Court, you are entitled to a REAL HEARING! That involves more than attorneys arguing at the table. You are entitled to present witnesses and evidence. Read Full Case or published by the  New York State Law Reporting Bureau.

1.17.14

The Second Department is becoming more liberal on entering findings of neglect based upon parental substance abuse. Read Full Case or New York State Law Reporting Bureau.

10.15.13
When Domestic Violence Constitutes Child Neglect– Judicial Analysis of Impairment within the Meaning of Family Court Act §1012(f)(i) Read Commentary

9.26.12
The Jurisprudence of Parental Alienation by Joseph H. Nivin. Electronically in Touch. The official e-newsletter and blog of the Young Lawyers Section of the New York State Bar Association. Read Article or NY State Bar Archive.