Neil Cahn, PLLC

Ex-Husband’s Judgment Creditor Subordinated to Ex-Wife’s Unrecorded Equitable Realty Interest

By Neil Cahn

August 30, 2021

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Generally, a transfer of a judgment debtor’s real property interest is not effective against a creditor whose judgment was recorded prior to the debtor’s transfer (C.P.L.R. §5203). However, that rule will yield to the equitable interests of a former spouse. So held the Appellate Division, First Department, in its August 19, 2021 decision in Tiozzo v. Dangin. There, the parties’ 2004 Judgment of Divorce incorporated their surviving Stipulation of Settlement. Under the Stipulation, the…

Divorce: New York

What if We Keep Our Divorce Secret from Our Health Insurance Company?

By Neil Cahn

August 16, 2021

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What if we don’t tell my health insurance company that we got divorced? Then, both of you, the named insured and his or her former spouse, act at your peril. Consider, the 2021 decision of New York County Supreme Court Justice Louis L. Nock in Alston v. Golfo (2021). Salvatore Golfo was a member of Teamsters Local 272. In July, 2018, Mr. Alston, as Trustee of the Local 272 Welfare Fund, commenced an action…

Divorce: New York

Anticipating Future Finances when Agreeing to Support Obligations

By Neil Cahn

July 12, 2021

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It is not rare, and may be commendable, to resolve child support obligations based upon anticipated future circumstances: an expected job, obtaining a degree or license, etc. However, when doing so, care must be taken to anticipate not meeting those expectations. When is relief available? The issue is complicated if the parties “opt out” of the statutory ability to seek a modification upon a 15% change in income or three years from the support order.…

Divorce: New York

Delayed Notarization by Mediator Does Not Invalidate Separation Agreement Signed Over Zoom

By Neil Cahn

July 5, 2021

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Does a four-day delay in notarization by the mediator/notary of a separation agreement executed by the parties in a Zoom session with the mediator render the agreement invalid? In his June 29, 2021 decision in Ryerson v. Ryerson, Warren County Acting Supreme Court Justice Richard B. Meyer held it did not. The parties used William J. McCoskery as mediator to assist them in resolving various matters attendant to their divorce. They met once in…

Divorce: New York

Is Home-Schooling “Attending” School?

By Neil Cahn

June 28, 2021

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Is a divorce settlement agreement that mandates that the children attend school within a particular school district satisfied by the children being home schooled within that district? Maybe, held the Third Department in its June 17, 2021 decision in Matter of John U. v. Sara U. The parties were the divorced parents of two children (born in 2010 and 2012). They entered a separation agreement in October 2017, which was modified in September 2019. The…

Divorce: New York

Terminating Child Support While Child Away at College

By Neil Cahn

June 14, 2021

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It is common for child support to continue to be paid while a child is away at college. A child often will return home for perhaps four months of the year. What happens when the student just stays there year round? Often in divorce stipulations of settlement, the parties will define when a child will be deemed emancipated terminating the child support obligation. One of those occasions is often a permanent change of residence of…

Divorce: New York

Retroactive Child Support Awards: Heads I Win, Tails You Lose?

By Neil Cahn

October 13, 2020

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The calculation of a retroactive periodic child support award to the wife and offsetting that award with credits for a retroactive award to the husband for the wife’s unpaid share of add-on expenses was the subject of the September 30, 2020 decision of the Appellate Division, Second Department in Levi v. Levi. The parties were married in 2003 and had two children. On May 7, 2014, the husband commenced this action for a divorce.…

Divorce: New York

Making Mom Make the Kids Visit Dad

By Neil Cahn

October 5, 2020

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Can a court order a parent to impose discipline on children who voluntarily refuse to engage in court-ordered visitation with the other parent? Yes, said Monroe County Supreme Court Justice Richard A. Dollinger in his September 18, 2020 opinion in Matthew A. v. Jennifer A., enforcing a separation agreement’s schedule. The parents had determined what was in their children’s best interests; it was the Court’s job to help them “drive the bus,” using the…

Divorce: New York

Make Sure That All Issues Are Addressed on Your Divorce Appeal

By Neil Cahn

July 13, 2020

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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…

Divorce: New York

Drafting Income Calculations in Divorce Settlement Agreements

By Neil Cahn

July 6, 2020

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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…

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Ex-Husband’s Judgment Creditor Subordinated to Ex-Wife’s Unrecorded Equitable Realty Interest

What if We Keep Our Divorce Secret from Our Health Insurance Company?

Anticipating Future Finances when Agreeing to Support Obligations

Delayed Notarization by Mediator Does Not Invalidate Separation Agreement Signed Over Zoom

Is Home-Schooling “Attending” School?

Terminating Child Support While Child Away at College

Retroactive Child Support Awards: Heads I Win, Tails You Lose?

Making Mom Make the Kids Visit Dad

Make Sure That All Issues Are Addressed on Your Divorce Appeal

Drafting Income Calculations in Divorce Settlement Agreements

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