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
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 4
Continuing a Jointly-Owned Business after a Divorce
By Neil Cahn
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
By Neil Cahn
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
By Neil Cahn
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?
By Neil Cahn
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…
Contributions to College Expenses: What was Good for the Son is Good for the Daughter
By Neil Cahn
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…
Love, Honor and Support
By Neil Cahn
Under appropriate circumstances, post-divorce spousal support may last much longer than the marriage itself. So held the Appellate Division, Second Department, in its September 2019 decision in Murphy v. Murphy.
The parties were married in 2004. They had no…
Does One Party’s Breach of a Divorce Settlement Excuse a Breach by the Other?
By Neil Cahn
A breach by one ex-spouse of a divorce settlement stipulation may or may not excuse a breach by the other. The obligations of the parties may or may not be independent.
In its July, 2019 decision in Lainez v. Orellana…
Modifying Support? Do it Right. Claimed Off-Sets Denied
By Neil Cahn
In its June, 2019 decision in English v. Smith, the Second Department reminds to properly memorialize any agreed-upon understandings or changes to a divorce settlement agreement.
The parties’ Separation Agreement was incorporated but not merged into their 2015 judgment…
Pro Se Father Denied Copy of Forensic Report Although Received in Evidence
By Neil Cahn
In 2011, after the parties separated, the mother received sole custody of the parties’ only child, who resided with her. The father was awarded access every weekend. The father subsequently filed a petition seeking increased access. After a hearing, Kings…