David Fuster & Associates, lawyers in Jamaica, NY, New York

Exclusive Jurisdiction of Original State Under UIFSA

Under the Uniform Interstate Family Support Act (UIFSA), there is only one controlling support order even when multiple states are involved in enforcing it. Once a support order is established, the issuing state has continuing, exclusive jurisdiction to modify that order. The issuing state retains exclusive jurisdiction to modify, upon proper petition, so long as one of the individual parties or the child continue to reside in that state. Modification jurisdiction may be sought in child support cases only when all individual parties and the child have left the issuing state or when the parties have agreed in writing for another state to exercise jurisdiction. More...

Adoption and Safe Families Act - Overview

In 1997, the United States Congress passed the Adoption and Safe Families Act (ASFA). The ASFA was enacted to modify and clarify certain requirements of the Adoption Assistance and Child Welfare Act, a federal law enacted in 1980, and the Family Preservation and Support Services Act, a federal law enacted in 1984. More...

Interference with an Agreement to Marry

Depending upon the state, interfering with an agreement to marry may be a civil offense or a tort. However, the majority of states do not recognize a claim for interfering with an agreement to marry. Although most states recognize the claim of tortious interference with a business relation or with a general contract, states are more reluctant to permit a claim for liability with respect to a premarital setting. More...

QDROs, Pension and Retirement Plan Division in Divorces

In a divorce, retirement benefits are typically subject to division between the parties. The division usually occurs by way of actual division or asset exchange. After the court has determined the actual division of the retirement benefit, a QDRO is issued. A QDRO is a judgment or order that recognizes the existence of the non-employee's right to receive a portion of the employee's retirement benefits.More...

Gifts to Grandchildren

Many grandparents want to give their grandchildren gifts. Giving gifts to grandchildren is also advantageous for the grandparents' estate because it may reduce the overall size of the estate and lower the estate tax burden. More...