In this divorce action, Strauss v. Strauss, the husband had obtained access to wife’s iPad and private text messages. He falsely told her that he did not have the iPad and that it was lost. The husband did provide
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 5
Maintenance Award of 60% of Annual Bonus Is Affirmed
By Neil Cahn
It took nine years to affirm a five-year maintenance award. In an April 24, 2019 decision of the Appellate Division, Second Department, the Court in Rogowski v. Rogowski affirmed a March, 2010 divorce judgment under which the wife was awarded…
Inference of Mediated Separation Agreement Invalidity Sufficient to Warrant Hearing
By Neil Cahn
The separation agreement was the product of mediation; the wife was afforded the opportunity to consult with counsel; and the wife elected to sign the agreement, notwithstanding the advice of counsel not to do so. “These facts, standing alone, do not…
Recouping Overpaid Child Support: Two Lessons
By Neil Cahn
If you delay going to court after an event that changes rights and obligations, you do so at your peril.
In Fortgang v. Fortgang, the parties were divorced in May 2011. Under their stipulation of settlement, the parties agreed…
Don’t Leave Future Parenting-Time Decisions for Later Agreement
By Neil Cahn
Leaving parenting-time decisions to the future agreement of the parents is not a great idea, particularly with quarreling parents. So held the Appellate Division, Second Department, in its February, 2019 decision in Cabano v. Petrella.
In that case, the…
Reaching Retirement Benefits Paid to the Wrong Beneficiary
By Neil Cahn
What happens when, under a post-divorce QDRO, retirement benefits are paid to the “wrong” beneficiary? The Appellate Division, Second Department, in its March 6, 2019 decision in Schatz v. Feliciano-Schatz held that the proceeds may be reached by the correct…
Divorced Parties Foiled in Efforts to Avoid Counsel Fee Award
By Neil Cahn
In a February, 2019 decision, the Appellate Division, Second Department, foiled the cooperative efforts of previously-divorced parties, by their settlement of post-judgment issues, to avoid an interim fee award to the ex-wife’s counsel to prosecute an appeal.
In Rhodes v.
Counsel Fee Awarded Despite Quick Payment of Child Support Arrears
By Neil Cahn
A January 9, 2019 decision of the Appellate Division, Second Department, may foreshadow an increase in support enforcement proceedings in Family Court, or promote the current payment of child support obligations, or both.
In Mensch v. Mensch, the court…
Child Support Payments Through Support Collection Units May Result in Unanticipated Changes
By Neil Cahn
Using the state’s Child Support Enforcement Services can have unintended results. Having support payments made through a Support Collection Unit triggers a cost-of-living adjustment procedure that may result in a significant change to the court-ordered support obligations to which parties…
A Child Support Redetermination Is Warranted If a Stated Reason Parties Deviated From CSSA No Longer Applies
By Neil Cahn
The Child Support Standards Act authorizes parents to agree to a child support obligation that deviates from the presumptive formula provided in that statute. However, if they are going to deviate from the formula, the parents must state what the…