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When tasked with determining parental rights, the New York courts generally aim to maintain the parent-child relationship, but the health and welfare of the child is their paramount concern. As such, in some cases, they will find it to be in a child’s best interests to limit a parent’s access to a child or order the parent to undergo certain steps before they award them custody rights. In such instances, the affected parent typically cannot obtain a modification of the order absent a showing of a substantial change in circumstances, as discussed in an opinion recently issued by a New York court. If you need assistance protecting your parental rights, it is in your best interest to speak with a New York child custody attorney to determine your options.

Case Background

It is reported that the mother and the father, who had children together, divorced. The court issued a divorce judgment incorporating a settlement agreement suspending the father’s parental access to the younger child pending recommendations from a therapeutic parental access facilitator. Subsequently, the father filed numerous motions, which ultimately resulted in the issuance of two family court orders, which he appealed.

It is alleged that the first order, issued in March 2023, denied the father’s motion to vacate a prior order and enforce parental access provisions in the parties’ divorce judgment. It also granted the mother’s cross-motion to enjoin the father from filing further petitions related to custody or parental access without court permission and awarded counsel fees to the mother. The second order, issued one week later, further enjoined the father from filing petitions to modify custody or parental access without court permission. The case stemmed from a history of disputes between the parties regarding parental access, culminating in the father’s repeated attempts to modify court orders. Continue reading

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New York law dictates that all parents must provide for their children financially. As such, when the parents of a child divorce, the court will often order one parent to pay the other child support. The courts rely on child support guidelines to determine what constitutes an appropriate support obligation. The courts are not strictly bound by the guidelines, however, but can exercise discretion and deviate from the parameters set forth by the guidelines when deemed appropriate, as demonstrated in a recent New York ruling. If you want more insight into your rights and obligations with regard to child support, it is smart to talk to a New York child support attorney as soon as possible.

Factual History and Procedural Setting of the Case

It is reported that the mother and the father were married in January 2014, and the mother adopted the father’s child from a prior relationship in December 2015. In April 2018, the mother initiated divorce proceedings, seeking ancillary relief. By March 2019, the parties reached a settlement agreement concerning child custody and parental access.

Allegedly, in October 2019, following a nonjury trial, the court rendered a decision determining that the mother should pay the father $150 per month in child support, a downward deviation from the Child Support Standards Act (CSSA) guidelines. The court justified this deviation by considering factors such as shared physical custody, similar incomes, medical insurance coverage, the child’s eligibility for government benefits, the short duration of the marriage, and the mother’s adoption of the father’s biological child. The father appealed. Continue reading

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People who are married typically are not only connected emotionally and legally but financially as well. While divorce severs such ties, if they disagree over how their finances should be handled during the pendency of a dissolution proceeding, it can become complicated, and they may seek a resolution from the courts. For example, a New York court recently analyzed whether it could compel the sale of a marital home while a divorce is pending, ultimately finding that it could. If you intend to end your marriage, it is wise to confer with a New York divorce attorney regarding your rights.

History of the Case

It is reported that the husband and wife were married and had two daughters, one of whom has special needs and requires ongoing care. Throughout their marriage, they enjoyed a lavish lifestyle, supported primarily by the husband’s income from a manufacturing enterprise and some financial assistance from the wife’s parents. The wife primarily served as a homemaker but later took a flexible sales position.

It is alleged that financially, the couple faced significant challenges. The marital home was at risk of foreclosure due to missed mortgage payments, despite a previous attempt to prevent foreclosure by the husband. The husband filed a motion to compel the wife to execute a mortgage on the marital residence, while the wife filed a motion to compel the sale of the marital residence. Continue reading

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It is not uncommon for married couples to separate while contemplating whether they want to legally end their marriage. In such instances, they will often enter into a separation agreement indicating their rights and duties during their time apart. Such agreements are essentially contracts and are enforceable as such. There are exceptions, however, like agreements that are the result of overreaching or duress that will cause a court to deem them unenforceable, as demonstrated in a recent New York case. If you are determining whether you should end your marriage, it is smart to talk to a New York divorce lawyer to determine what steps you can take to protect your rights.

Facts of the Case and Procedural Setting

It is reported that the husband initiated a divorce action asserting that the parties had been living separately under a property settlement and separation agreement filed nearly two years prior, as per Domestic Relations Law § 170 (6). The husband sought summary judgment to enforce the separation agreement, while the wife countered with a cross-motion, alleging that certain provisions of the separation agreement were unconscionable and the result of fraud, duress, coercion, and lack of financial disclosure by the husband.

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In many divorce actions, the main point of contention is the division of assets. While parties may not want to divide marital property during a divorce, behavior designed to hide such property will likely be uncovered by the courts, as demonstrated in a recent New York opinion issued in a divorce case. If you want to end your marriage and want to learn more about how it can impact you financially, it is in your best interest to speak with a New York divorce lawyer about what measures you can take to protect your interests.

Case Setting

It is reported that the wife instituted a divorce action. The court noted that the husband engaged in deliberate actions to obscure and hide marital assets. Specifically, the husband violated court orders restraining him from transferring assets or accessing safety deposit boxes. Moreover, the husband undertook transfers of ownership of his various businesses to his brother and a long-term employee, both before and after the wife initiated the divorce. He also engaged in transactions aimed at creating the appearance of having no assets, even going so far as to portray himself as earning a nominal income of only around $12,500 per year.

It is alleged that the trial court subsequently issued three judgments. The first one distributed marital property, including maintenance and child support, to the wife. The second judgment addressed attorneys’ fees, particularly for the wife’s attorneys, and the third judgment finalized the monetary aspects of the case. The husband appealed. Continue reading

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Ending a marriage often has emotional ramifications, but some people are able to set aside their feelings and negotiate and enter into settlement agreements that set forth their rights and obligations instead of engaging in litigation. Simply because parties enter into such agreements does not always mean that they will abide by their terms, though. In cases in which a person fails to comply with a stipulation of settlement, the party impacted can seek relief from the courts, as demonstrated in a recent New York ruling. If you consider a divorce, it is smart to meet with a New York divorce lawyer as soon as possible to determine your options.

Factual Setting and Procedural History

It is reported that the husband and wife were married and had two children together. The husband filed a divorce action in 2010. The parties subsequently entered into an oral stipulation of settlement in February 2011. The stipulation granted the defendant sole custody of the children and outlined the sale of the marital residence, a cooperative apartment in Yonkers.

Allegedly, the husband, who was responsible for the maintenance fees associated with the marital residence, had his child support obligations stayed until the apartment was sold. The divorce was finalized in August 2011, with the stipulation incorporated but not merged into the judgment. In December 2012, the wife moved to transfer the title of the marital residence, citing the husband’s refusal to sell, non-payment of maintenance fees, and impending eviction. The trial court granted the wife’s motion, and the husband appealed. Continue reading

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New York law states that parents have an obligation to provide for their children financially. In cases in which parents share custody of a child, this often means that one parent will be required to pay child support to the other. In matters in which parents have equal custody rights, the courts will often impose the child support obligation on the parent who earns a higher income, as demonstrated in a recent New York case. If you are dealing with a child support dispute, it is prudent to talk to a New York child support attorney about your options.

Case Setting

It is reported that the father and mother were married and had two children, who were born in 2006 and 2010; they divorced in 2017. The divorce judgment initially ordered the father to pay $641.86 per week in child support. Following a hearing, a Support Magistrate modified the child support obligations, ordering the mother to pay the father $150 weekly, deeming him the custodial parent.

Allegedly, the mother objected, arguing that, despite equal custody, the father, as the monied spouse, should be the noncustodial parent. The father also objected, contending that the Support Magistrate erred by not imputing income to the mother. The court denied both objections, and both parties appealed. Continue reading

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One of the most contentious issues in most divorces is how assets should be divided. In some cases, though, parties are able to come to an agreement independently. Separation and settlement agreements will typically be enforced by the New York courts, but they can be set aside if they are deemed unconscionable or were not entered into willingly. This was demonstrated in a recent New York opinion in which the court deemed a settlement agreement a wife signed without legal representation void. If you are interested in seeking a divorce, it is smart to meet with a New York divorce lawyer as soon as possible.

Facts of the Case and Procedural History

It is reported that the husband and wife married in 2007 and had three children. The husband, upon discovering the wife’s extramarital affair, clandestinely consulted an attorney in March 2020 to draft the agreement. In April 2020, the husband orchestrated a meeting at the marital home, during which he presented the agreement to the wife and recorded the interaction on a laptop. The husband presented two options to the wife: signing the agreement that day or facing a contentious divorce.

Allegedly, the husband informed her that, upon signing, she had to leave the marital home due to financial constraints. Despite minimal time spent reviewing the agreement and the husband’s suggestion of seeking legal advice, the wife signed the agreement, and a notary public, arranged by the husband, notarized it. The wife subsequently initiated legal proceedings to set aside the agreement. The trial court ruled that the agreement was void and unenforceable, after which the husband appealed. Continue reading

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It is not uncommon for a party to move to a new location after divorce. When a person who shares a child with their former spouse decides to relocate, though, it may complicate their custody rights. As demonstrated in a recent New York custody ruling, the court’s principal concern in any custody action is what is in the child’s best interests, and any order that does not benefit the child will not be upheld. If you need assistance with a dispute over parental rights, it is smart to confer with a New York child custody lawyer.

Case Setting

Reportedly, the mother and father married in 2013 and had a child in 2015. In 2020, the father initiated divorce proceedings. The mother then relocated to another county, approximately one hour and 45 minutes away from the county where the marital residence was located. In March 2021, the trial court issued a temporary order granting joint legal custody with primary physical custody to the father and allowing the mother parenting time every weekend.

It is alleged that the parties reached a settlement stipulation in May 2021, addressing various divorce issues except for child custody and support. A trial ensued, and the court issued an order awarding primary physical custody to the mother, conditional on her residing in the county where the marital home was located. Both parties appealed. Continue reading

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It is not uncommon for a divorcing couple to enter into a settlement agreement establishing their rights and obligations. If they have children, such agreements may include provisions regarding child support. While any agreement pertaining to children must be in the children’s best interests, if the courts incorporate a stipulation of settlement into a divorce judgment, they will typically be enforced as written. When determining whether a stipulation of settlement is enforceable, the courts will assess, in part, whether the language is clear and unambiguous, as demonstrated in a recent ruling issued in a New York case in which the parties disputed whether child support for add-on expenses was warranted. If you want to learn more about your rights with regard to child support, it is wise to meet with a New York child support lawyer as soon as possible.

History of the Case

It is reported that the parties were married and subsequently divorced through a judgment entered in June 2015. The judgment incorporated a stipulation of settlement but did not merge the stipulation into the settlement. The wife later moved for child support add-on expenses in excess of $30,000, as well as attorneys’ fees. At the same time, the husband moved to end his child support obligation for the couple’s older child. He also sought to compel the wife to provide proof of child support add-on expenses going forward and to hold the wife in contempt for failing to comply with the stipulation of settlement. The trial court granted the wife’s motion and denied the husband’s, after which the husband appealed.

Interpretation of Stipulations Regarding Child Support

On appeal, the court reversed the trial court ruling with regard to the child support for add-on expenses.  In doing so, the court emphasized that a stipulation of settlement, when incorporated but not merged into a divorce judgment, is a contract subject to contract construction and interpretation principles. Continue reading

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