Generally, it is the more “successful” spouse who submits the proposed judgment of divorce to the Court to be signed and entered. In all events, a spouse who intends to take an appeal on an issue must make sure: that the issue to be appealed is covered by the judgment; or an appeal is taken separately from the order deciding the issue; or an amended judgment is entered and an appeal is taken from that…

The parties’ 2013 divorce stipulation of settlement provided that child support for their two children would be adjusted annually. Beginning May 1, 2014: “the parties shall set by April 30, a payment schedule of the Parent’s total obligation for base child support ‘made pursuant to the formula set forth below and income caps for the fiscal year beginning May 1 and continuing through April 30th of the following year. This schedule shall be based on…

Under their 2013 mediated divorce settlement agreement, these ex-spouses agreed to continue to jointly own and operate their distribution business. The agreement reported that their “solid working relationship with a high level of trust in one another’s skills” made “co-ownership a viable solution.” The ex-husband was to receive 30% of the joint business’s profit going forward, and the ex-wife would retain the remaining 70%. Five years later, the ex-wife commenced this action alleging that after…

Appreciation. Innovation. Frustration. All can be heard in New York County Supreme Court Justice Matthew Cooper’s May 18, 2020 decision in Chu v. Lin, dealing with parenting and marital residence issues in an ongoing divorce action. Justice Cooper begins with praise of the New York court system’s stepping up to adapt and press on during the COVID-19 pandemic. Indeed, it may “its finest hour.” At the same time, he bemoans the inadequacy of…

Four recent decisions address the issue of whether “stay at home” orders and the generalized pandemic threat are sufficient to deprive a child of regular and meaningful personal contact with both parents. No, held Bronx County Family Court Judge Ariel D. Chesler on May 7, 2020 in Matter of S.V. v. A.J. A generalized fear of the coronavirus crisis we all face is insufficient to severely limit and perhaps harm a child’s relationship with a…

Please indulge me; it’s one of my pet issues. And I apologize in advance for what may be my most boring blog post to date. Writing math narratively is very difficult. When drafting a divorce settlement agreement, I try to include examples whenever formulas are written out. When reading decisions, I often draw a flow chart to help me follow the calculations. Calculations done by the court establish rules of law. When an appellate court…

Once again, a Justice Dollinger opinion, here in Messsinger v. Messinger decided on February 11, 2020, reveals his efforts to dive into the minds of the litigants to work things out. Under the parties’ 2014 divorce settlement agreement, the father had agreed to finance the son’s college education, except for a $6,000 loan and with a SUNY cap. In exchange, the mother had waived child support for the son while in college, receiving support only…