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Appellate Decision Clarifies Temporary Maintenance Calculations; Temporary...
In the first appellate decision to apply the October 12, 2010 temporary maintenance amendment to the Domestic Relations Law, it was held that the recipient’s share of marital residence carrying charges...
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Interference with Children’s Relationship with Father is Basis for Award of...
As has been the trend, a court has held that despite what may be the superior parenting skills of one parent, that parent may be denied custody if that parent does not promote the relationship of the...
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Resigning NYC Police Officer Ordered to Pay Additional Counsel Fees in...
Within weeks after entering a temporary support stipulation, the husband in a Kings County divorce action, resigned from his employment as a police officer with the New York City Police Department...
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Prenuptial Agreement Which Bars Spousal Support and Counsel Fees Does Not Bar...
The premarital agreement of the parties limited their rights to obtain spousal support upon divorce. It also contained a waiver of their rights to counsel fees. Nevertheless, recently-retired New York...
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Divorce Court Will Not Enjoin Wife From Commencing Federal RICO Action...
From the “You Can’t Make This Stuff Up” Department: During the course of this Westchester County divorce action, Elizabeth Perry “engaged in inappropriate litigation behavior.” She refused to comply...
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When Divorcing Parents Live Off Their Own Parents
What are the support rights and obligations of a couple who have habitually lived often the generosity of their parents? That was the question Monroe County Suprme Court Justice Richard A. Dollinger...
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Substantial Legal and Procedural Rights Are Lost in Divorce Arbitration...
Resolving the rights and obligations of a couple incident to their divorce often involves the delicate balancing of property rights, spousal and child support, and custody and parenting issues....
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Temporary Maintenance Awards Cover Marital Residence Carrying Charges, the...
The statutory temporary maintenance formula is intended to include the portion of marital residence carrying costs attributable to the nonmonied spouse. So concluded the Appellate Division, Second...
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Temporary Maintenance Awards and Marital Residence Carrying Charges: Justice...
Two decisions last month of Queens County Supreme Court Justice Pam Jackman Brown provide insights on how courts might cope with the overlap of the statutory temporary maintenance formula and the...
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Husband in Divorce Action Ordered to Refinance Home, or Pay Off Half of...
In order to prevent the foreclosure of the marital residence, a court in a divorce action, and prior to judgment, may order the spouses to cooperate with a refinance application. Moreover, if the...
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Pendente Lite Award Prospectively Charged as an Advance Against Wife’s Share...
On the wife’s motion for temporary relief, Supreme Court, New York County Justice Deborah A. Kaplan in Lennox v. Weberman, awarded the wife tax-free maintenance of $38,000 per month, plus the wife’s...
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Wife Wins Million-Dollar Lottery While Divorce Action Is Pending
What does a court do with a wife who claims not to have discovered that she was a million-dollar winner of a May 19, 2011 lottery drawing until only days before the ticket would have expired a year...
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Wife Receiving Temporary Support Directed to Pay Marital Residence Carrying...
Requiring the wife to pay the carrying charges of the marital residence pendente lite was proper in light of the awards to the wife of temporary maintenance and child support. So held the the Appellate...
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Second Department Approves Interim Counsel Fee in Excess of Prenuptial...
In its September 18, 2013 decision in Abramson v. Gavares, the Second Department briefly reviewed the interplay between prenuptial agreements and interim awards in divorce actions. In this case, the...
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Bigamist Wife Denied Temporary Maintenance Because of Yet Another Marriage
“Chutzpah” may be defined as audacity (wikipedia); or unmitigated effrontery, impudence or gall (urbandictionary.com and dictionary.reference.com). Perhaps Rosemarie B.T. should be pictured in those...
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Wife Given “Skin In The Game” By Having To Pay Her Own Interim Counsel Fees...
Mid-trial in a “high-end” matrimonial, it was held that the “monied” husband would not be required to continue to pay his wife’s continuing fees. Rather, in his October 10, 2013 decision in Sykes v....
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Automatic Orders, Violated During Divorce Action, Cannot Be Enforced After...
A spouse’s pre-divorce judgment death results in the unenforceablitity of divorce action orders, including the automatic orders mandated by Domestic Relations Law §236(B)(2)(b). As a result,...
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Husband Compelled to File Joint Tax Return?
Spouses can be compelled to file joint tax returns. Such was among the rulings made by Essex County Supreme Court Justice Robert J. Muller on a motion for pendente lite (temporary) relief made in his...
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It Just Became Tougher To Validate Prenuptial Agreements
The Second Department seems to have taken another bite out of prenuptial agreements. My March 25, 2013 post asked, Is it Open Season on Prenuptial Agreements? That post discussed the Second...
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Temporary Maintenance All But Denied to Wife Able to Work and Who Had Lived...
Is a wife entitled to formula temporary maintenance in a divorce action, merely because she is the less-monied spouse? No, says New York County Supreme Court Justice Matthew F. Cooper in his October...
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