Downward Modification of Child Support, Scope of Job Search and Custody Issues
I have previously written about downward modification of child support in a situation where the payor has lost his job or experienced a significant reduction in his income. Recently, I was personally...
View ArticleTax Implications in Divorce – Need for Trial Evidence
One of the issues that frequently comes up in divorce is cases has to do with tax implications of the divorce action. Tax issues may involve dependency exemptions, or may involve issues dealing with...
View ArticleSame Sex Marriage Bill Passes in New York
On June 24, 2011, New York Senate voted, 33-29, to give final approval to a bill, A-08354, that recognizes same sex marriage in New York. Govenor Andrew M. Cuomo immediately signed the bill which will...
View ArticleInterference with Visitation May Result in Change in Custody
In Keefe v. Adams, 85 A.D.3d 1225 (3d Dept. 2011), the Appellate Division, Third Department, had to address issues related to interference with visitation which were raised by the father who brought a...
View ArticleParent’s Obligation to Pay for College Is Not Limited To Cost of SUNY...
In Pamela T. v. Marc B., 2011 N.Y. Slip. Op. 21355 (N.Y.Sup.2011), the court had to decide whether the parent’s obligation to pay for college should be limited to the so-called “SUNY cap”. The Supreme...
View ArticleRatification of Settlement and Separation Agreement
I have previously written about settlement agreements, their contents, modification, validity, and formalities related to their execution. Even in situations where the agreement may have not been...
View ArticleViolation Petition Must Be Sufficiently Specific to Provide Notice of Alleged...
In Miller v Miller, 90 A.D.3d 1185 (N.Y.A.D. 3 Dept.) the parties were the parents of two children, born in 2004 and 2005. A custody order entered in March 2008 granted sole legal custody to mother...
View ArticleChanges in Temporary Maintenance and Child Support Statutes
Because of the language in the statute providing for cost of living adjustments, temporary maintenance guidelines income cap was raised from $500,000 to $524,000. The “cap” on each spouses annual...
View ArticleStatute of Limitations and No-Fault Divorce
Since no-fault divorce became law in New York State almost 2 years ago, it was still unclear whether a statute of limitations would apply to to a cause of action under Domestic Relations Law §170(7),...
View ArticleValidity of Prenuptial Agreements in New York
I have previously written about prenuptial agreements and issues associated with them. Generally, in New York, a prenuptial agreement may be overturned only if the party challenging the agreement...
View ArticleFuture Changes to Spousal Maintenance
When New York Legislature passed the “no-fault” divorce statute in 2010, it created a formula for calculating temporary spousal maintenance under DRL §236[B]5-a. However, it did not set forth a formula...
View ArticleShared Custody and Child Support – Number of Overnights Controls
I have previously written about the case of Baraby v. Baraby, 250 A.D.2d 201, 681 N.Y.S.2d 826 (3d Dept, 1998), where the Appellate Division held that in an equally shared custody case the parent who...
View ArticleUpdate on Duration of Maintenance
When New York Legislature passed the “no-fault” divorce statute in 2010, it created a formula for calculating temporary spousal maintenance under DRL §236[B]5-a. However, it did not set forth a formula...
View ArticleTransmutation of Separate Property into Marital Property
One of the basic theories in equitable distribution and divorce litigation is that of transmutation. Transmutation theory holds that by their actions, the parties are able to modify the status of the...
View ArticleSurrogacy and Adoption
One area where New York still lags behind other states has to do with surrogacy contracts. New York does not recognize surrogacy contracts statutorily since it deems the underlying surrogacy contracts...
View ArticleUpdates to New York’s Child Support Standards Chart
According to the Child Support Standards Chart, prepared by New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement, and released March 12, 2014, the 2014...
View ArticleStandard of Living, Diminished Income, Spousal Maintenance and Child Support
The courts in New York have had some difficulty dealing with situations were a claim of recently diminished income has been presented to the court in response to a temporary spousal support...
View ArticleTemporary Maintenance and Payment of Additional Expenses by Monied Spouse
One issue that comes up fairly often in divorce cases is the issue of whether the monied spouse who is paying temporary maintenance is also responsible for additional expenses incurred by the...
View ArticleTracing Method of Dividing Defined Contribution Retirement Assets
I have previously written about division of marital retirement assets which is traditionally done by computing a time based coverture fraction pursuant to the New York Court of Appeals’ decision in...
View ArticleCredit for Payments Made to Satisfy the Other Spouse’s Legal Obligations
It is common for parties to make payments on their debts while their divorce action is pending. Generally, each party is responsible for their own debts incurred after commencement of the divorce...
View Article
