Are verbal promises and statements of intention relating to child support enforceable? It is a basic tenet of family law that to be enforceable, agreements between parents must be in writing and acknowledged before a notary; except, it appears, when
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 7
Child Who Moves from One Parent to the Other is Not Constructively Emancipated
By Neil Cahn
Is a child who leaves one parent’s residence to live with the other “constructively emancipated,” depriving the new residential parent of child support relief? In its May 30, 2018 decision in Root v. Root, the Appellate Division, Second Department,…
Custodial Parent Granted Permission to Obtain Passport for Child
By Neil Cahn
May a non-custodial parent withhold his or her consent from the custodial parent’s efforts to obtain a passport for a child? Apparently not, especially if the need for the passport is for the child to visit an ailing grandparent.
In …
Divorce Settlements that Provide for Reductions in Child Support upon Emancipation
By Neil Cahn
What is the effect of a divorce settlement stipulation provision, incorporated in the judgment of divorce, that calls for a specified reduction in child support upon the emancipation of one of the children of the parties?
The fact pattern is…
Waiver of Future Child Support Voided, But Miscalculated Credit Struck
By Neil Cahn
In its March 21, 2018 decision in Elkins v. Mizrahi, the Appellate Division, Second Department, struck a credit issued at the time a father’s new child support obligation was established. That determination tacitly affirmed the new obligation, after a…
When One Spouse Transfers Sole Title to the Home to Both Spouses Jointly
By Neil Cahn
What happens on divorce when during the marriage, the marital residence that had been owned by one spouse prior to the marriage is conveyed during the marriage to the parties jointly? That was the issue addressed by the Appellate Division,…
Contempt Available for Violators of “Automatic Orders”
By Neil Cahn
In the first New York appellate decision to rule on the issue, the Appellate Division, Second Department held in its February 28, 2018 opinion in Spencer v. Spencer, that violations of matrimonial action “Automatic Orders” can be grounds for a…
Defective Acknowledgment in Prenuptial Agreement Cured After 30 years
By Neil Cahn
In its February 7, 2018 decision in Matter of Koegel, the Appellate Division, Second Department, held that defects in the acknowledgment forms in a 30-year old prenuptial agreement, i.e., the failure of the notary to recite that he knew…
Do Temporary Support Awards Include Marital Residence Expenses?
By Neil Cahn
Despite repeated efforts to bring predictability and consistency to temporary support awards, that goal remains elusive. Consider the December, 2017 decision of the Appellate Division, Third Department, in Rouis v. Rouis.
The parties were married in 1993 and had…
Waiver Of Maintenance Is Basis To Set Aside Prenuptial Agreement As Unconscionable
By Neil Cahn
Where the results of a 2007 prenuptial agreement waiver of maintenance would be a risk that a mother of three children would become a public charge, the agreement would be set aside for being unconscionable at the time of divorce.…