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In New York divorce proceedings, a properly executed stipulation of settlement can carry significant weight in determining the financial and custodial obligations of the parties. Specifically, once they are incorporated into a judgment of divorce, such agreements are treated as enforceable contracts, and courts will generally uphold them absent evidence of ambiguity, fraud, or unfairness. As such, it is important that such agreements are clear and entered into with thought and consideration, as they are difficult to challenge, as demonstrated in a recent New York divorce action. If you are considering ending your marriage, it is crucial to work with a skilled New York divorce attorney to protect your interests.

History of the Case

It is reported that the husband and wife were married in 2018 and had one child together. The wife commenced an action for divorce and ancillary relief in 2021. In February 2022, the parties entered into a stipulation of settlement resolving issues, including legal custody and child support. This agreement was incorporated but not merged into the judgment of divorce entered in June 2023 by the Supreme Court, Queens County.

Allegedly, the stipulation provided for joint legal custody of the child and established a detailed parenting time schedule. The husband was granted overnight parenting time two nights per week and seven hours of access on Sundays. The stipulation further required the husband to pay child support in the amount of $1,560 per month directly to the wife. Continue reading

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Divorce and marital separation agreements are often legally binding contracts that courts are reluctant to set aside without strong justification. However, disputes can arise when one party later challenges the fairness of an agreement, particularly in cases involving financial disclosures, legal representation, and claims of unconscionability. A recent decision issued by a New York court demonstrates the legal standards that govern the rescission of separation agreements and the burden a challenging party must meet to succeed. If you are contemplating ending your marriage, you should seek the advice of an experienced New York divorce attorney as soon as possible.

Case Background

It is reported that the wife initiated an action seeking to rescind a marital separation agreement that had been incorporated, but not merged, into the parties’ judgment of divorce. The wife argued that the agreement should be set aside based on the husband’s failure to disclose financial information, her lack of legal representation at the time of execution, and the alleged unfairness of the terms.

It is alleged that the husband moved for summary judgment to dismiss the wife’s complaint. The trial court, after conducting a fact-finding hearing, granted the husband’s motion, prompting the wife to appeal. The wife contended that the agreement was unenforceable due to the absence of financial disclosure, her lack of knowledge about maintenance guidelines, and the substantive unfairness of the agreement’s terms, particularly concerning property division and spousal support. Continue reading

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Divorce cases are often fraught with emotional and legal complexities, but some disputes extend beyond custody and asset division, raising ethical and professional concerns that can impact the very foundation of the legal process. When an attorney’s representation is called into question, courts must weigh a party’s right to legal counsel against the necessity of maintaining fair proceedings. In a recent New York decision issued in a divorce case, the court addressed the highly contentious issue of attorney disqualification, offering insight into the standards that govern conflicts of interest in legal representation. If you have questions about your rights with regard to divorce, it is smart to speak to a skilled New York divorce attorney as soon as possible.

Case Setting

It is reported that the wife filed for divorce in February 2023, marking the second such action between the parties. The first divorce, filed in 2015, was litigated extensively until 2018 when the parties reconciled and discontinued the proceedings.

It is alleged that the wife sought a protective order to prevent the husband from sharing litigation details with third parties and requested the disqualification of the husband’s attorney. The wife claimed that the husband’s attorney represented the husband’s brother in a malicious prosecution lawsuit against her, creating a conflict of interest. Allegedly, the wife argued that the husband and his brother had a history of coordinated harassment and that their attorney’s representation in both matters would disadvantage her in discovery. Continue reading

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Few legal battles are as emotionally charged as international child custody disputes. When one parent relocates a child to another country without the other parent’s consent, it raises serious legal and ethical concerns. The Hague Convention on the Civil Aspects of International Child Abduction exists to prevent wrongful removals and ensure that custody disputes are resolved in the child’s home country. A case recently decided by a New York court highlights the importance of legal custody agreements and the challenges parents face when one party disregards a court order. If you are involved in a child custody dispute that extends beyond national borders, it is in your best interest to meet with an experienced New York family law attorney to discuss your rights.

Factual and Procedural Background

It is reported that the father filed a petition under the Hague Convention, seeking the return of his son to Turkey after the mother relocated with the child to the United States without his approval. The parents, who divorced in Turkey, had a custody agreement incorporated into their divorce decree, which granted the mother sole custody. However, allegedly, the agreement also contained specific provisions requiring the father’s approval for major decisions, including the child’s relocation, schooling, and healthcare.

Allegedly despite these provisions, the mother moved the child to the United States without obtaining the father’s consent. The father argued that this move violated his custodial rights under Turkish law, amounting to wrongful retention under the Hague Convention. The mother, in response, contended that her sole custody status in Turkey granted her the unilateral right to decide where the child lived. Continue reading

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Ending a marriage can greatly impact people not only emotionally but also financially. As such, it is not surprising that people often want to resolve the financial disputes that arise in divorce proceedings as expeditiously as possible. Generally, however, the courts will not bifurcate spousal support and divorce claims to move along proceedings, as discussed in a recent New York ruling. If you are involved in a divorce and have questions about how you can protect your financial health, it is smart to consult a skilled New York divorce attorney.

History of the Case

It is reported that the wife initiated divorce proceedings and, as part of the litigation, the husband sought pendente lite spousal support. The husband allegedly argued that the issue of spousal support should be transferred to Family Court, believing that it would lead to a quicker resolution. Additionally, the husband sought a greater temporary maintenance award than what was initially determined by the trial court.

Allegedly, the trial court denied the husband’s request to bifurcate the proceedings, reasoning that bifurcation is generally disfavored in matrimonial cases. The trial court reportedly expressed concerns that separate proceedings in Family Court and Supreme Court could lead to inconsistent rulings and procedural delays. The husband was also ordered to discontinue his pending Family Court action. Continue reading

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Prenuptial agreements are designed to provide clarity and safeguard individual assets in the event of a marriage dissolution. However, disputes often arise regarding their validity, as demonstrated in a recent New York case in which the court determined that a trial was needed to determine whether a prenuptial agreement should be upheld. If you have questions about how a prenuptial agreement may impact your rights if you decide to end your marriage, it is crucial to consult a New York divorce attorney who can advise you of your options.

Factual and Procedural History

It is reported that the wife and husband entered into a prenuptial agreement a week prior to their wedding. The wife allegedly insisted on the agreement at her family’s request, assuring the husband that its purpose was solely to protect premarital assets, including her interest in her mother’s business. The wife’s attorney drafted the agreement, and the husband, reportedly lacking independent counsel, signed it after reviewing it briefly in the wife’s attorney’s office.

Allegedly, the marriage lasted a few years, during which the husband contended he largely gave up his photography career to care for the couple’s young child while the wife pursued her career as a pharmacist. The terms of the agreement deprived the husband of equitable distribution of marital assets, including properties purchased during the marriage, but titled solely in the wife’s name. The husband asserted that he was misled into believing the agreement was fair and later realized it contained provisions waiving his rights to marital assets and maintenance. Continue reading

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In New York, child support determinations typically require courts to evaluate each parent’s financial circumstances and apply statutory guidelines. Notably, in doing so, the courts will generally regard documentary evidence regarding income over uncorroborated testimony, as demonstrated in a recent New York ruling issued in a child support case. If you are involved in a child support dispute, it is smart to talk to an attorney about what evidence you should offer to support your position.

History of the Case

It is reported that the mother filed a petition seeking initial child support against the father, who is the non-custodial parent of their child born in 2019. Allegedly, the father, who also has other children from a prior relationship, was subject to an earlier consent order requiring him to pay child and spousal support to his former wife. Following a fact-finding hearing in 2022, at which only the mother testified, the support magistrate ordered the father to pay $2,400 per month in basic child support. Additionally, the father was required to contribute $1,179.24 monthly for childcare expenses and health insurance premiums.

Allegedly, the support magistrate calculated the father’s annual income at $200,075 based on his individual tax returns, W-2 statements, and corporate tax filings. The calculation included business income from the father’s private law practice and undistributed earnings. The court imputed no additional income to the mother, who was raising the child as a single parent while working part-time as an attorney. Dissatisfied with the ruling, the father appealed, challenging the income imputation and the overall child support award. Continue reading

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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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