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.…
Articles Posted in Divorce
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 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…
New York Court Discusses Requests for Temporary Support in Divorce Actions
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 York Court Discusses Interpretation of Stipulation of Settlement Agreements
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…
Court Discusses Property Characterization in New York Divorce Actions
Generally, under New York law, any income or property a person acquires while they are married is deemed a marital asset. There are exceptions to the general rule, though, for things like property obtained via inheritance. While money from an inheritance can be converted to marital property, a person arguing…
New York Court Discusses Spousal Maintenance in New York Divorce Actions
In New York divorce actions, it is not uncommon for one party to seek spousal maintenance from the other. The duration and amount of such maintenance are generally left up to the discretion of the trial court. If the trial court’s decision clearly constitutes an error, though, it may be…
New York Court Discusses Grounds for Appealing a Judgment of Divorce
Generally, New York courts will resolve disputed issues in divorce actions in the judgment of divorce. If a court fails to adequately explain its ruling or reasoning, though, there may be grounds for appealing a judgment of divorce, as explained in a recent New York divorce action. If you have…
New York Court Discusses Sale of Marital Residences in the Pendency of Divorce
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…