In 2010, the State Legislature in New York passed laws with regard to temporary spousal maintenance which is more commonly referred to as alimony. Since then, many divorce and family law attorneys as well as Judges have been upset about these new laws. The temporary maintenance formula is intended to provide a greater level of consistency in all … [Read more...]
Temporary Spousal Maintenance In New York
In October 2010, the State Legislature in New York enacted guidelines for calculating temporary spousal maintenance. The purpose of this new statute is to provide consistency in spousal maintenance awards by judges. The temporary maintenance law provides a formula by which the parties to a matrimonial lawsuit can determine what, if any, spousal … [Read more...]
Same Sex Marriage Comes to New York
On Friday, June 24, 2011, New York became the largest state in the country to allow lesbian and gay couples to marry. It was questionable, up to the last minute, as to whether this law would pass the New York State Senate. In the final moments, four Republican majority members joined all but one Democrat and voted in support of the gay rights … [Read more...]
Getting Divorced During an Economic Downturn
The financial crisis in the United States is causing tension within families. Financial problems can be the cause of a divorce. In most marriages the family home is the largest asset. The decline in home values over the past three or four years has resulted in many homes being worth less than the mortgages on them. Postponing Divorce Recent … [Read more...]
Suspects In Abuse Cases – Phone Calls are Taped
New York City jails tape all phone calls made by prisoners with the exception of calls to doctors and lawyers. Prosecutors have been using these tapes against these prisoners. More than 8,200 calls were taped last year in New York City jails. The largest use of these taped calls comes in domestic violence cases. Domestic Violence Men charged … [Read more...]
A Father’s Rights Protected
Judge John J. Kelly, sitting in the Family Court of Suffolk County, recently rendered a decision in a custody case that the children's best interest required that they be returned to the custody of their father. The case presented to him was a permanency hearing brought by the Department of Social Services. The Social Services Department had … [Read more...]
Are Back Taxes Shared in a Divorce? Maybe Not!
This past summer, acting Supreme Court Judge Andrew A. Crecca, in the case of Maria C. vs. Dominick C., under Index No.: 04775/08, dealt with issues involving back taxes and equitable distribution in a divorce. The couple had been married in 1987. They had four children. The husband had a home improvement corporation and the wife was a secretary. … [Read more...]
Father of Six Seeks Downward Modification of Child Support
In the matter of "Demetrius D. v. Loti T.", reported in the New York Law Journal on January 27, 2011, a father sought a downward modification of his child support obligations. The lawsuit was brought in Clinton County, New York, before Family Court Judge Lawliss. The father in this case was ordered to pay child support for his son, Isiah. At the … [Read more...]
Family Court Restrained From Holding Husband in Contempt for Non-payment of Spousal Maintenance
Mr. and Mrs. Vandyke were married for thirty-five years. The marriage ended in 2007. Mr. Vandyke was supposed to pay his wife $400.00 in spousal maintenance (alimony) per week until she reached the age of sixty-two. Mr. Vandyke failed to make his spousal maintenance payments. A hearing was held before Supreme Magistrate Rika Murray in the Family … [Read more...]
Neighborhood Change Insufficient to Modify Child Custody Terms
Lawrence C. and Antheap met based on an advertisement placed on a website for a partner to conceive a child through artificial insemination. When the parties met, it was agreed that Antheap would be artificially inseminated and Lawrence C. would play a role in the parenting of the perspective child. In June of 2008, twins were born. A custody … [Read more...]
