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…
New York Divorce Lawyer Blog
New York Court Discusses Income Determinations in Child Support Disputes
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…
New York Court Discusses Enforcement of Custody Agreements
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…
New York Court Upholds Order Granting Mother Sole Custody
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…
New York Court Upholds Child Support and Custody Determinations in Divorce Case
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.…
New York Court Affirms Enforcement of Life Insurance Provision in Divorce Judgment
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…
New York Court Discusses Grounds for Awarding Sole Custody
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…
New York Court Discusses Grounds for Overturning Custody Determinations
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…
New York Court Discusses Grounds for Awarding Maintenance and Child Support
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…
New York Court Dicusses Counsel Fees in Divorce Actions
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…