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 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 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.…
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…
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…
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…
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…
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…
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…
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…