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It is not unusual for parents to enter into custody agreements during divorce proceedings. These agreements are often incorporated into court orders, making them legally enforceable. However, when disputes arise, or significant changes occur, courts are called upon to interpret and enforce these agreements. A recent New York case highlights the challenges of enforcing complex parenting time arrangements and modifying custody agreements. If you are dealing with issues surrounding custody enforcement or modification, it is important to understand your options, and you should speak with an experienced New York child custody attorney.

Background of the Case

It is alleged that the parties resolved their divorce through a Stipulation of Settlement dated June 21, 2023, which incorporated a Final Order of Custody on Consent. This agreement included a highly detailed joint custody schedule that was designed to evolve over time. Initially, the father was granted more parenting time, with the stipulation that nine months later, the arrangement would transition to a 50-50 custody schedule, pending input from the child’s therapist and the child’s preferences.

It is reported that disputes arose when the transition date approached. The mother sought enforcement of the agreement’s 50-50 parenting time provision, arguing that the schedule was clear and non-negotiable. She also alleged that the father impeded the process by failing to facilitate the child’s access to a therapist. The mother further moved for contempt against the father for violating the agreement and requested financial relief related to debts and child support add-ons. Continue reading

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New York courts prioritize the best interests of the child in custody cases, ensuring that any custody arrangement will provide the child with a safe and stable environment. As demonstrated in a recent New York decision, doing so may sometimes require the courts to grant one parent sole custody over the other parent’s objections. If you need assistance with a custody dispute, it is in your best interest to consult with a knowledgeable New York family law attorney. 

Factual and Procedural Setting

It is alleged that the mother and father married and had a child together.

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New York courts prioritize the best interests of the child in custody and support cases, ensuring that both parents meet their obligations. A recent New York decision reaffirmed the court’s discretion in determining custody and child support, emphasizing that such rulings will not be disturbed if supported by substantial evidence. If you need assistance with a custody or support dispute, it is in your best interest to consult with a knowledgeable New York family law attorney.

History of the Case

It is alleged that the plaintiff and defendant were married in 2002 and have four children. The plaintiff initiated divorce proceedings in 2017, seeking custody and ancillary relief. The trial court granted sole legal and physical custody of the two youngest children to the plaintiff, finding that the best interests of the children warranted such an arrangement. Additionally, the court ordered the defendant to pay $4,124 per month in child support and awarded $40,000 in attorney’s fees to the plaintiff.

Reportedly, the defendant appealed, arguing that the custody and support determinations were inequitable. He contested the imputation of income used to calculate his child support obligations and challenged the attorney’s fees award, asserting that it was not supported by the record. Continue reading

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In New York, divorce judgments often include stipulations designed to secure financial support for children and dependent spouses. As reaffirmed in a recent New York decision issued in a divorce action, family courts may enforce these stipulations, including life insurance provisions, to ensure continued support. If you seek to enforce a provision in your divorce decree, it is wise to consult with a New York family law attorney to understand your options.

History of the Case

It is reported that the plaintiff and defendant were divorced by judgment in August 2019, which incorporated but did not merge their 2018 settlement agreement. Allegedly, the settlement required the plaintiff to maintain a $1 million life insurance policy for the benefit of the children and dependent spouse, as set out in the stipulation. In 2020, the plaintiff reportedly filed a motion to hold the defendant in contempt for allegedly violating certain terms of the divorce judgment. The defendant, in turn, cross-moved to enforce the life insurance provision stipulated in the judgment, citing the plaintiff’s non-compliance.

Allegedly, following a hearing, the trial court granted the defendant’s cross-motion, ordering the plaintiff to comply with the life insurance requirement as outlined in the divorce judgment. The plaintiff appealed, arguing that he was not in contempt and challenging the enforcement of the life insurance provision. Continue reading

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Generally, the New York family law courts strive to maintain and protect the relationships between parents and their children. They will only do so if it is in the child’s best interest, however. As such, if a court finds that one parent fails to abide by court measures intended to protect a child, they may grant the other parent sole custody, as demonstrated in a recent New York case. If you or your co-parent wish to seek sole custody of your child, it is advisable to confer with a New York child custody attorney at your earliest convenience.

Factual and Procedural Setting 

It is reported that both the father and the mother filed petitions to modify the custody arrangement of their two children, born in 2016 and 2018, as established by a 2021 divorce judgment. Initially, the mother was granted primary physical custody, while the father had alternate weekend parenting time. In May 2021, the father sought custody modification, alleging that the mother restricted his visitation and engaged in actions that alienated him from the children. The mother cross-petitioned, stating that she restricted the father’s visitation because he violated COVID-19 guidelines and failed to attend a court-mandated parenting program.

Allegedly, further petitions were filed, with the mother asserting that the father violated the terms of the divorce judgment by failing to inform her of the children’s whereabouts, neglecting their health and safety, and disregarding parenting conditions. Eventually, the case was transferred to the Integrated Domestic Violence part of the trial court, where the mother sought sole custody, alleging domestic abuse by the father. The trial court granted the mother’s petition, and the father appealed. Continue reading

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Many married people with children ultimately decide to end their union. As such, in addition to relying on the courts to determine their rights and obligations with regard to assets and liabilities, they will look to the courts to decide how custody should be divided. While New York law is clear that custody determinations must be in a child’s best interests, in some cases, the court’s decisions do not reflect that and can be challenged. In a recent ruling in which the court amended the trial court’s order, a New York court discussed the grounds for overturning custody determinations. If you intend to seek a divorce and want to know how it may impact your parental rights, it is smart to speak to a New York child custody attorney promptly.

Factual and Procedural Background

It is reported that the parties were married in April 2013 and had two children together. In July 2018, they began living separately, and in February 2022, the husband initiated an action for divorce and ancillary relief. The wife responded with an answer, asserting various counterclaims, including one for child support. The court held a nonjury trial to address issues concerning custody, parental access, child support, and equitable distribution of marital property.

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It is not uncommon for New York couples to enter into prenuptial or post-nuptial agreements that define their rights and obligations with regard to property and assets in the event that they divorce. Marital agreements do not necessarily resolve all disputes over finances, though, as demonstrated in a recent New York ruling in which the parties disagreed over what constituted appropriate child support and maintenance awards. If you want to end your marriage, it is essential to understand your rights, and you should confer with a New York divorce attorney as soon as possible.

History of the Case

It is alleged that the parties were married in March 2000 and have two children. In March 2012, they entered into a postnuptial agreement, which was later amended. In June 2012, the wife initiated a divorce action seeking ancillary relief. Following a nonjury trial, the trial court issued a ruling in October 2018, ruling on matters including maintenance, child support, equitable distribution, and attorneys’ fees. The judgment of divorce was finalized in December 2018. The wife then appealed specific portions of the divorce judgment. 

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Generally, in civil litigation, parties are expected to pay for their own legal counsel. There are some exceptions to the general rule, however. For example, pursuant to New York law, the party with fewer assets in a divorce action may be able to recover counsel fees from their spouse. In a recent New York ruling, the court discussed the factors weighed in determining whether to grant counsel fees before deciding to grant them to the wife. If you are considering pursuing a divorce, it is in your best interest to confer with a New York divorce attorney to determine your options.

Factual and Procedural Background

It is alleged that the husband and wife were married in 1995 and had two children, both of whom were adults by the time of this action. The wife filed for divorce on August 25, 2017. The case moved slowly, with multiple motions and hearings extending the litigation. One of the key early motions was filed by the wife in June 2020, seeking $25,000 in interim counsel fees, leading the court to order the husband, as the monied spouse, to pay her $20,000 for legal fees.

Reportedly, the case continued with further motions and cross-motions, including disputes over expert testimony and additional counsel fees. The court ultimately precluded the husband from using an expert report at trial due to late submission, a decision later reversed in 2023. Both parties filed numerous motions, including one from the wife seeking $65,000 in additional counsel fees in 2024. Although a settlement stipulation resolved many issues, the counsel fee issue remained for the court to decide. Continue reading

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In many New York divorce actions, one party will seek child support and maintenance from the other while the dissolution is pending. The courts generally require both parties to submit documentation of their assets and liabilities prior to granting such requests. If a party fails to offer such proofs when making the requests but provides them at a later date, the courts can still consider them as long as the delayed presentation does not prejudice the opposing party, as discussed in a recent New York ruling. If you are contemplating ending your marriage, it is prudent to speak to a New York divorce lawyer about your options.

History of the Case

It is reported that the wife initiated a divorce action in June 2021, seeking both a dissolution of the marriage and ancillary relief. Several months later, in October 2021, the wife filed a motion requesting temporary spousal support, temporary child support, and interim counsel fees. The trial court issued an order granting the wife’s requests. The husband, disagreeing with this decision, appealed the order, specifically challenging the award of temporary spousal maintenance, temporary child support, and interim counsel fees.

Evidence Sufficient to Sustain a Request for Temporary Support in a Divorce Action

On appeal, the court reviewed the trial court’s decision, focusing on the procedural requirements for such motions in divorce actions. In doing so, the court noted that under the relevant New York court rules, a party seeking maintenance, child support, or counsel fees must submit a sworn statement of net worth along with a signed retainer agreement when making their motion. Continue reading

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New Yorkers who decide to end their marriage will often attempt to expedite their divorce proceedings via stipulation of settlement agreements. While such agreements can allow for an efficient and amicable resolution, they must be crafted with due care, as any ambiguities could lead to disputes and litigation down the line, as demonstrated in a recent New York divorce action. If you have questions about your options with regard to divorce, it is smart to confer with a New York divorce lawyer as soon as possible.

Factual Setting

It is alleged that the husband and the wife were married in March 2000 and had one daughter, born in November 2003. The parties subsequently divorced in 2007. They resolved their financial and custody issues through a stipulation of settlement, which was incorporated but not merged into their final judgment of divorce in December 2007. Under this stipulation, the wife was granted exclusive occupancy of the marital residence until its sale, with the husband responsible for monthly mortgage payments, real estate taxes, and homeowner’s insurance. Additionally, the husband was required to cover 57% of their daughter’s college expenses, with no specific provision regarding who would pay the remaining 43%. The husband paid 100% of the tuition costs up to the date of the litigation.

It is reported that the husband sought enforcement of the stipulation regarding the marital residence and requested credits for payments made towards homeowner’s insurance, property taxes, and their daughter’s college tuition. The wife filed a cross-motion contesting these credits and seeking additional credits for mortgage principal reductions. The trial court granted the husband’s motion, awarding him credits for the insurance and tax payments and for the child’s tuition while denying the wife’s cross-motion entirely. The wife appealed. Continue reading

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