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...]
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...]
Men Who Raise Their Children
Sarah Palin has introduced the phrase to the American vernacular of "man-up". The man-up phrase being utilized by right-wing Republicans brings back a type of nostalgia concerning the role of men in society. It refers to a time when men, in business and politics, followed the John Wayne "tough-guy" roles. These type of men could grab a rifle, … [Read more...]
Divorce Fails, Lack of Proof of Sexual Abandonment
In September of 2010, Justice Bruno, a New York State Supreme Court Judge sitting in Nassau County, heard testimony with regard to fault allegations concerning the issue of constructive abandonment in a divorce proceeding. Constructive abandonment is when one party to a marriage refuses to have sexual relations with his or her spouse for a period … [Read more...]
Immunity for Referees/Law Guardians in Family Court Proceedings
In the case of Wilson v. Wilson-Paulson, the wife was granted sole custody of the her daughter. After receiving custody of her daughter, she brought a subsequent proceeding in the family court. She alleged in this proceeding that the daughter's father had been involved in an attempted assault, aggravated harassment, had been stalking her and … [Read more...]
Task Force Created to Investigate Family Courts
Steven P. Younger, Esq., the president of the New York State Bar Association, has recently formed a task force to look into the numerous problems and difficulties facing the Family Courts in the state of New York. President Younger has put together individuals with expertise in diverse areas for the purpose of conducting a study as to how to … [Read more...]
Prenuptial Agreement between American Male and French Woman
Judge Kaplan, sitting in the Southern District of New York (a federal court), was recently presented with an issue as to whether the United States or France should interpret the terms of a prenuptial agreement. The wife in this situation was a citizen of France. The husband was a citizen of the United States. They had entered into a prenuptial … [Read more...]
Child Abuse Charge Against Father Dismissed
Judge Gilbetz, sitting in the Family Court in Bronx County, was recently presented with a case of child abuse against a father. The Administration for Children's Services (ACS) is the agency in the City of New York charged with investigating and making presentations in court concerning allegations of child abuse. In the case before Judge … [Read more...]
The Cruise From Hell
In November of 2010, 4,500 passengers embarked on a cruise on the Carnival Splendor. The cruise ended-up being a horrible experience for everyone involved. At or around dawn, many passengers awoke to a shaking of the entire ship. When they went out to the hallway, it was filled with smoke. Crew members told passengers to go to the life boats. … [Read more...]
Is Marriage Becoming Obsolete?
A recent study found that four out of ten Americans think marriage is obsolete. This same study also showed that attitudes have been changing concerning gay relationships and gay marriage. Today, an unwed couple can be the definition of a family situation. Since the 1970's, there has been a significant increase in the number of Americans who … [Read more...]
