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
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Terminating Child Support While Child Away at College
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…
Retroactive Child Support Awards: Heads I Win, Tails You Lose?
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,…
Making Mom Make the Kids Visit Dad
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…
Make Sure That All Issues Are Addressed on Your Divorce Appeal
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
…
Drafting Income Calculations in Divorce Settlement Agreements
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…
Continuing a Jointly-Owned Business after a Divorce
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…
Parenting Issues under COVID, Part II
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…
Visitation in These COVID-19 Times
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…
Math in Divorce Decisions: How Much Goes from Where to Where and Why?
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…