It is in the best interests of a three-year-old daughter for the father and anyone regularly supervising his access to be vaccinated against COVID-19 or else undergo regular testing. So held New York County Supreme Court Justice Matthew F. Cooper
Divorce: New York
The blog published by Neil Cahn, PLLC focuses on legal issues related to divorce in New York, including equitable distribution of marital property, partition actions involving real estate, and financial disputes arising from divorce proceedings. It covers court decisions on topics such as the treatment of premarital pension credits purchased with marital funds, the impact of wasteful dissipation of marital assets, and the authority of courts to order sales of marital residences during divorce. The blog also discusses procedural doctrines like res judicata in the context of divorce-related financial claims. It provides analysis of case law affecting property rights, loans, and asset valuation in matrimonial actions.
Latest from Divorce: New York - Page 3
Ex-Husband’s Judgment Creditor Subordinated to Ex-Wife’s Unrecorded Equitable Realty Interest
By Neil Cahn
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.…
What if We Keep Our Divorce Secret from Our Health Insurance Company?
By Neil Cahn
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…
Anticipating Future Finances when Agreeing to Support Obligations
By Neil Cahn
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…
Delayed Notarization by Mediator Does Not Invalidate Separation Agreement Signed Over Zoom
By Neil Cahn
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…
Is Home-Schooling “Attending” School?
By Neil Cahn
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…
Terminating Child Support While Child Away at College
By Neil Cahn
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?
By Neil Cahn
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
By Neil Cahn
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
By Neil Cahn
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
…