Justice Palmieri in the Supreme Court located in Nassau County, New York, has rendered an unusual decision in a divorce case. Divorce Law in New York does not make fault a factor in equitable distribution of assets unless there is "egregious marital fault." In this case, the wife's husband of ten years had been convicted of sexually molesting her … [Read more...]
Nassau County Judge Blocks Marriage
Jennifer Burger wanted to marry Mr. Diack. Michael Diack is a convicted level one sex offender. Jennifer brought a proceeding before Judge Maron, who sits in the Supreme Court located in Nassau County, New York. She asked the court to set aside a January 2009 stipulation contained in her divorce judgment from her previous husband Robert Burger. She … [Read more...]
New No Fault Divorce Law Eliminates the Need for a Trial
Supreme Court Justice, Robert J. Muller, has decided that under the new New York No Fault Divorce Law an objecting party is not entitled to a trial on the issue of fault the marriage is beyond repair. Justice Muller's decision is an interpretation of New York's year old No Fault Divorce Law. The Judge's decision interprets the legislature's intent … [Read more...]
No Fault Divorce Denied to Father
Scott Schiffer was divorcing his wife, Lynn. He made an application under the new New York Domestic Relations Law section 170-70 for a Summary Judgment based on a irretrevable break down of his marriage to his wife Lynn for a period of six months. Lynn opposed the Summary Judgment application. Summary Judgment asks a court to render a decision … [Read more...]
What to do and What not to do If You’re Getting Divorced
Getting divorced is not fun. It can be one of the most stressful times in men and women's lives. Even in amicable situations, men and women tend to find themselves being stressed out. Divorce involves an emotional break up as well as a financial break up. Issues involving custody and visitation of children can be gut wrenching. There are things … [Read more...]
Child Support and College Expenses
The Child Support Standards Act provides a formula for child support payments. A non-residential custodial parent pays child support of 17% of gross wages, less FICA and less New York City taxes (where applicable), when there is one child receiving support. The figure goes up to 25% for two children, 29% for three children, 31% for four children … [Read more...]
Mother Unfit to Obtain Custody: Father Awarded Permanent Sole Custody of Daughters
Justice MacKenzi, sitting in the Supreme Court in Suffolk County, awarded a father permanent sole and legal custody of his two daughters. There had previously been a temporary custody order in this case. There were allegations that the mother had engaged in parental alienation of the parties four children against the father. The evidence showed … [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...]
