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...]
Looking At Child Pornography Not A Crime
In May of 2012, New York's highest court, the Court of Appeals, rendered a decision that a Marist College professor could not be held criminally responsible for the presence of child pornography on the hard drive of his computer. The Court held, the police and the prosecutors failed to show he knew the page had been assigned to the unused space on … [Read more...]
Extreme Hardship The Standard To Suspend Maintenance (Alimony) Payments
Justice Dollinger, sitting in the Supreme Court in Monroe County, recently suspended a man's spousal maintenance (alimony) because he found it would be "an extreme hardship" for him to continue to make these payments. Justice Dollinger stated in his opinion in the matter of Platt v. Platt, 2012 N.Y. Slip Op. 51583(U), "[w]e debate 'extreme … [Read more...]
Relocating After a Divorce
When a custodial parent seeks to relocate, he or she may run into more complications and difficulties than he or she anticipates. An order of custody and/or divorce judgment may contain clauses specifically preventing a custodial parent from relocating. Whether the custody order or the divorce judgment contains a clause of this nature, the … [Read more...]
