Contempt and Enforcement of Court Orders
One remedy to a failure of one party to abide by existing court orders that is available to the parties in divorce and other family law actions is contempt of court. The power to punish for contempt...
View ArticleStep-Parent Adoption and Consent of Biological Father
Step-parent adoptions are generally simple if the biological parent provides his/her consent to the adoption. However, such consent may not be obtainable in every situation. Under some circumstances,...
View ArticleFamily Court Referees and Their Authority to Hear Cases
Most of the cases in Family Court are decided by Family Court Judges who preside over most Family Court hearings. The Family Court Judges, here in Monroe County and elsewhere in New York State,...
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 ArticleA Cause of Action for DRL 170(7) Can Be Added to A Divorce Complaint Filed...
One of the more interesting procedural issues that arose after the New York State Legislature added a cause of action under Domestic Relations Law §170(7), irretrievably broken marriage for a period of...
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 ArticleThere Is No Right to Grounds Trial In A No-Fault Divorce Case
I have previously written on the issue of whether there was a right to trial in a divorce case brought under the no-fault grounds. Earlier, trial level decisions were split, with some courts holding...
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 ArticleMinors and Rescission of Acknowledgment of Paternity
A recent bill signed into law by Governor Cuomo, allows minors who acknowledged paternity of their children to have a brief period of time when they turn 18 to seek to rescind that acknowledgment ....
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 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 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 ArticleStatement That Marriage Was Irretrievably Broken Is Sufficient to Establish...
I have previously written about the issues associated with the grounds for divorce under the no-fault statute (Domestic Relations Law §170(7)). Prior decisions associated with issue were trial level...
View ArticleDuration of Residency in New York as Prerequisite to Divorce Action
In order to have a valid divorce action in New York, certain residential requirements have to be satisfied. Domestic Relations Law §230 requires that: 1. You and your spouse were married in New York,...
View ArticleConstructive Emancipation and the Child’s Conduct
I have previously written about constructive emancipation issue and also addresses some of the applicable law in another post. Generally, a child can become emancipated through his actions when the...
View ArticleEnforceability of Prenuptial Agreements
Prenuptial agreements can be used to resolve issues related to spousal maintenance, equitable distribution, and other issues that may come up in the event the parties decide to divorce. While I have...
View ArticleEnforcement of Payment Obligations Pursuant to Judgment of Divorce
One of the issues that occurs in cases where a party is ordered to make spousal maintenance or child support after the judgment of divorce is entered, is that party may fail to make such payments. This...
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